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ARNOLD SCHWARZENEGGER, GOVERNOR OFFICE OF ADMINISTRATIVE LAW

California Regulatory Notice RegisterREGISTER 2005, NO. 40-Z OCTOBER 7, 2005PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW

PROPOSED ACTION ON REGULATIONSTITLE 2. STATE ALLOCATION BOARD PageLeroy F. Greene School Facilities Act of 1998—Notice File No. Z05-0927-06................................................... 1435

TITLE 8. DEPARTMENT OF INDUSTRIAL RELATIONSClaims Handling and TPA Licensing and Exam Fees—Notice File No. Z05-0923-03 ........................................ 1438

TITLE 8. DEPARTMENT OF INDUSTRIAL RELATIONSWorkers’ Compensation Information System—Notice File No. Z05-0926-01 ...................................................... 1441

TITLE 13. DEPARTMENT OF MOTOR VEHICLESTraffic Violator Schools—Notice File No. Z05-0927-01 .................................................................................... 1446

TITLE 14. DEPARTMENT OF BOATING AND WATERWAYSPublic Small Craft Harbor Loan Regulations—Notice File No. Z05-0921-01 ................................................... 1448

TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATIONFood Service—Notice File No. Z05-0927-03 .................................................................................................... 1450

TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATIONGang Management Validation—Notice File No. Z05-0923-02 ........................................................................... 1452

GENERAL PUBLIC INTERESTAIR RESOURCES BOARDNotice of Postponement—LSI Engines ............................................................................................................ 1454

DEPARTMENT OF FAIR EMPLOYMENT AND HOUSINGProspective Contractors are Ineligible to Enter into State Contracts ................................................................ 1455

DEPARTMENT OF TOXIC SUBSTANCES CONTROLFinancial Assurance and Postclosure Care ...................................................................................................... 1455

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Time-Dated

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DECISION NOT TO PROCEEDDEPARTMENT OF CONSERVATION(Published July 1, 2005, in the California Regulatory Notice Register, Notice File No. Z05-0614-13) ............... 1457

SUMMARY OF REGULATORY ACTIONSRegulations filed with the Secretary of State.................................................................................................... 1457Sections Filed, May 4, 2005 to September 28, 2005......................................................................................... 1459

The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containingnotices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in theCalifornia Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in theCalifornia Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)]. It is suggested, therefore,that issues of the California Regulatory Notice Register be retained for a minimum of 18 months.

CALIFORNIA REGULATORY NOTICE REGISTER (ISSN 1041-2654) is published weekly by the Office ofAdministrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by the Office of StatePublishing and is offered by subscription for $302.00 (annual price). To order or make changes to current subscriptions, pleasecall (916) 445-5353 or (916) 445-5386. For outside of the Sacramento area, call (800) 963-7860. Periodicals postage paid atSacramento, CA and additional mailing offices. POSTMASTER: Send address changes to the: CALIFORNIAREGULATORY NOTICE REGISTER, Customer Coordinator, Office of State Publishing, 344 N. 7th Street, MassMail/Addressing Services, Sacramento, CA 95814-0212. The Register can also be accessed at http://www.oal.ca.gov.

PROPOSED ACTION ONREGULATIONS

Information contained in this document ispublished as received from agencies and isnot edited by the Office of State Publishing.

TITLE 2. STATEALLOCATION BOARD

NOTICE OF PROPOSED REGULATORY ACTION

THE STATE ALLOCATION BOARD PROPOSESTO ADOPT AND AMEND THE FOLLOWINGREGULATION SECTIONS, ALONG WITH ANASSOCIATED FORM, TITLE 2, CALIFORNIA

CODE OF REGULATIONS, RELATING TOLEROY F. GREENE SCHOOL

FACILITIES ACT OF 1998

PROPOSED AMENDMENTS TO REGULATIONSECTIONS: 1859.2, 1859.61, 1859.74, 1859.77.1,

1859.79, 1859.79.2, 1859.83 AND 1859.104

REGULATION SECTIONS PROPOSED FORADOPTION: 1859.70.3, 1859.71.5, 1859.78.9,

1859.93.2 AND 1859.93.3NOTICE IS HEREBY GIVEN that the State

Allocation Board (SAB) proposes to adopt and amendthe above-referenced regulation sections, along withan associated form, contained in Title 2, CaliforniaCode of Regulations (CCR). A public hearing is notscheduled. A public hearing will be held if anyinterested person, or his or her duly authorizedrepresentative, submits a written request for a publichearing to the Office of Public School Construction(OPSC) no later than 15 days prior to the close of thewritten comment period. Following the public hearingif one is requested, or following the written commentperiod if no public hearing is requested, the OPSC, atits own motion or at the instance of any interestedperson, may adopt the proposals substantially as setforth above without further notice.

AUTHORITY AND REFERENCE CITATIONSThe SAB is proposing to adopt and amend these

regulations under the authority provided by Sections17070.35, 17072.13, 17075.15 and 17078.64 of theEducation Code. The proposals interpret and makespecific Sections 17070.15, 17070.35, 17070.51,17070.99, 17071.25, 17072.10, 17072.12, 17072.13,17072.15, 17072.20, 17072.30, 17072.32, 17073.15,

17074.10, 17074.15, 17074.16, 17074.25, 17074.32,17075.10, 17075.15, 17076.10, 17077.10, 17077.40,17077.42, 17077.45, 17251 and 100420(c) of theEducation Code.

INFORMATIVE DIGEST/POLICYOVERVIEW STATEMENT

The Leroy F. Greene School Facilities Act of 1998established, through Senate Bill 50, Chapter 407,Statutes of 1998, the School Facility Program (SFP).The SFP provides a per-pupil grant amount toqualifying school districts for purposes of constructingschool facilities and modernizing existing schoolfacilities. The SAB adopted regulations to implementthe Leroy F. Greene School Facilities Act of 1998,which were approved by the Office of AdministrativeLaw and filed with the Secretary of State onOctober 8, 1999.

Assembly Bill (AB) 1465, Chapter 894, Statutes of2004, created a pilot program known as the SmallHigh School Program and required that it beimplemented into the SFP Regulations. A small highschool is defined as having an enrollment of 500pupils or less. The program provides school districtsaccess to $20 million of new construction funding tobuild small high schools, and $5 million of modern-ization funding to reconfigure existing high schoolsinto two or more small high schools, upon CaliforniaDepartment of Education (CDE) approval.

For purposes of new construction funding, thisprogram provides a 20 percent increase to the SFP newconstruction per-pupil grant. The State/local matchingshare percentage of the total project cost is changedfrom 50/50 to 60/40, respectively. The program will bein effect from January 1, 2006 until January 1, 2008,unless extended by statute.

Statute requires the Board to conduct an evaluationon the cost of new construction and modernization ofsmall high schools funded under this program. Theinformation gained from these evaluations will be usedin structuring future school facilities construction andrelated bond measures.

The SAB on July 27, 2005 approved amendmentsand adopted new sections to the SFP regulations forthese purposes, and they are as follows:

Existing Regulation Section 1859.2 represents a setof defined words and terms used exclusively for theseregulations. The proposed amendments add definitionsof ‘‘Reconfiguration,’’ ‘‘Small High School,’’ and‘‘Small High School Program.’’ References to FormSAB 50-04 are amended to reflect the new reviseddate of the form.

Existing Regulation Section 1859.61 sets forthcriteria that allow for making adjustments to a schooldistrict’s modernization baseline eligibility. The pro-posed amendment adds an additional criterion that

CALIFORNIA REGULATORY NOTICE REGISTER 2005, VOLUME NO. 40-Z

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adjusts a district’s modernization baseline eligibility asa result of the reconfiguration of an existing highschool under the Small High School Program.

Proposed adoption of Regulation Section 1859.70.3sets aside $20 million of new construction funding toconstruct small high schools pursuant to EducationCode Section 17072.10(c), and makes $5 million ofmodernization funding available to assist in reconfig-uring large high schools pursuant to Education CodeSection 17074.32.

Proposed adoption of Regulation Section 1859.71.5provides a 20 percent increase to the per-pupil grantfor Small High School Program projects fundedpursuant to Regulation Sections 1859.93.2 and1859.93.3, and other funding increases authorized bythese Regulations to ensure that Apportionmentsrepresent 60 percent of the total project cost.

Existing Regulation Section 1859.74 authorizes anadditional grant to school districts for site acquisitioncosts for approved SFP new construction projects,according to specific criteria. The proposed amend-ment limits the amount of funds for a site on a proratedbasis for sites that exceed the recommended site sizefor a small high school (500 pupils or less).

Existing Regulation Section 1859.77.1 requires thatfor SFP new construction projects, school districtsmust make a matching share contribution on adollar-for-dollar basis for any State funding providedunder these Regulations, with certain specified excep-tions. The proposed amendments add another excep-tion, that the required district matching share must beequal to at least 40 percent of the total project cost forapproved Small High School Program new construc-tion project funding.

Proposed adoption of Regulation Section 1859.78.9authorizes an additional modernization grantapportionment, not to exceed an aggregateof $500,000, for each approved Small High SchoolProgram Reconfiguration project submitted by Sep-tember 30, 2007 and meeting other listed requirementsfor enrollment, CDE approval, use of funding, andeligibility adjustment.

Existing Regulation Section 1859.79 requires thatfor SFP modernization projects, school districts mustmake a matching share contribution equal to at least20 percent (for applications on or before April 29,2002) or 40 percent (for applications after April 29,2002) of the total project cost. The proposedamendments provide that the modernization grant forReconfiguration is not subject to the modernizationmatching share requirement. In addition, a sentence isadded that distinguishes the matching share and theReconfiguration costs as separate to avoid duplicatefunding.

Existing Regulation Section 1859.79.2 specifies thepermissible and impermissible uses of ModernizationGrant Funds. The proposed amendment adds anadditional impermissible use of modernization fundsfor costs associated with Reconfiguration pursuant toSection 1859.78.9.

Existing Regulation Section 1859.83 sets forthdistrict eligibility criteria for excessive cost hardshipgrant funding as a result of specified unusualcircumstances, in four categories of excessive costs:geographic location, small size projects, new schoolprojects, and projects meeting criteria of urbanlocation, security requirements, or impacted site. Theproposed amendments establish a table authorizingNew Construction Excessive Cost Hardship Grantsexclusively for Small High School projects to be builton a site with no existing facilities, based on thenumber of classrooms in the project, not to exceedhousing 500 pupils.

Proposed adoption of Regulation Section 1859.93.2establishes the application criteria school districtsmust meet in order to participate in the Small HighSchool Program.

Proposed adoption of Regulation Section 1859.93.3sets forth the criteria by which projects will beprioritized and funded.

Existing Regulation Section 1859.104 sets forthdocument submittal requirements for school districtsreceiving funds under the Leroy F. Greene SchoolFacilities Act of 1998 (School Facility Program). Theproposed amendments set forth document submittalrequirements to districts receiving Small High SchoolProgram funding.

Existing SAB Form 50-04, Application for Funding,is used when a school district applies for SFP fundingfor a new construction or modernization project. Theproposed amendments incorporate into the applicationform the necessary data fields, submittal instructions,and certifications of program compliance that arereflected in the regulatory text.

IMPACT ON LOCAL AGENCIESOR SCHOOL DISTRICTS

The Executive Officer of the SAB has determinedthat the proposed regulations do not impose a mandateor a mandate requiring reimbursement by the Statepursuant to Part 7 (commencing with Section 17500)of Division 4 of the Government Code. It will notrequire local agencies or school districts to incuradditional costs in order to comply with the proposedregulations.

ECONOMIC IMPACTThe Executive Officer of the SAB has assessed the

potential for significant statewide adverse economicimpact on businesses or private persons that mightresult from the proposed regulatory action and the


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following determinations have been made relative tothe required statutory categories:

• The SAB has made an initial determination thatthere will be no significant, statewide adverseeconomic impact directly affecting business, includ-ing the ability of California businesses to competewith businesses in other states.

• There will be no impact in the creation orelimination of jobs within the State, the creation ofnew businesses or the elimination of existingbusinesses or the expansion of businesses inCalifornia.

• The SAB is not aware of any cost impacts that arepresentative private person or business wouldnecessarily incur in reasonable compliance with theproposed action.

• There will be no non-discretionary costs or savingsto local agencies.

• There will be no costs to school districts except forthe required district contribution toward eachproject as stipulated in statute.

• There will be no costs or savings in federal fundingto the State.

• There are no costs or savings to any State agency.

• The SAB has made an initial determination thatthere will be no impact on housing costs.

EFFECT ON SMALL BUSINESSESIt has been determined that the adoption of the

regulation sections will not affect small businesses inthe ways identified in subsections (a)(1)–(4) of Section4, Title 1, CCR. These regulations only apply to schooldistricts for purposes of funding school facilityprojects.

SUBMISSION OF COMMENTS, DOCUMENTSAND ADDITIONAL INFORMATION

Any interested person may present statements,arguments or contentions, in writing, submitted viaU.S. mail, e-mail or fax, relevant to the proposedregulatory actions. Written comments submitted viaU.S. mail, e-mail or fax, must be received at the OPSCno later than November 21, 2005 at 5:00 p.m. Theexpress terms of the proposed regulations as well asthe Initial Statement of Reasons are available to thepublic.

Written comments, submitted via U.S. mail, e-mailor fax, regarding the proposed regulatory action,requests for a copy of the proposed regulatory actionor the Initial Statement of Reasons, and questionsconcerning the substance of the proposed regulatoryaction should be addressed to:

Robert Young,Regulation Coordinator

Mailing Address: Office of Public SchoolConstruction1130 K Street, Suite 400Sacramento, CA 95814

E-mail Address: [email protected]

Fax No.: (916) 445-5526

AGENCY CONTACT PERSONSGeneral or substantive questions regarding this

Notice of Proposed Regulatory Action may be directedto Robert Young at (916) 445-0083. If Mr. Young isunavailable, these questions may be directed to thebackup contact person, Lisa Jones, Supervisor, Regu-lations Team, at (916) 322-1043.

ADOPTION OF REGULATIONSPlease note that, following the public comment

period, the SAB may adopt the regulations substan-tially as proposed in this notice or with modifications,which are sufficiently related to the originally pro-posed text and notice of proposed regulatory activity.If modifications are made, the modified text with thechanges clearly indicated will be made available to thepublic for at least 15 days prior to the date on whichthe SAB adopts the regulations.

The modified regulation(s) will be made availableand provided to: all persons who testified at and whosubmitted written comments at the public hearing, allpersons who submitted written comments during thepublic comment period, and all persons who requestednotification from the agency of the availability of suchchanges. Requests for copies of any modified regula-tion should be addressed to the agency’s regulationcoordinator identified above. The SAB will acceptwritten comments on the modified regulations duringthe 15-day period.

SUBSTANTIAL CHANGES WILLREQUIRE A NEW NOTICE

If, after receiving comments, the SAB intends toadopt the regulations with modifications not suffi-ciently related to the original text, the modified textwill not be adopted without complying anew with thenotice requirements of the Administrative Proce-dure Act.

RULEMAKING FILEPursuant to Government Code Section 11347.3, the

SAB is maintaining a rulemaking file for the proposedregulatory actions. The file currently contains:

1. A copy of the text of the regulations for which theadoption is proposed in strikeout/underline.

2. A copy of this notice.


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3. A copy of the Initial Statement of Reasons for theproposed adoption.

4. The factual information upon which the SAB isrelying in proposing the adoption.As data and other factual information, studies,

reports or written comments are received, they will beadded to the rulemaking file. The file is available forpublic inspection at the OPSC during normal workinghours. Items 1 through 3 are also available on theOPSC Internet Web site at: http://www.opsc.dgs.ca.gov under ‘‘Regulations,’’ then clickon ‘‘Proposed Regulations.’’

ALTERNATIVESIn accordance with Government Code Section

11346.5(a)(13), the SAB must determine that noreasonable alternative it considered or that hasotherwise been identified and brought to the attentionof the SAB would be more effective in carrying out thepurpose of which the action is proposed or would be aseffective and less burdensome to affected privatepersons than the proposed action.

AVAILABILITY OF THE FINALSTATEMENT OF REASONS

Upon its completion, the Final Statement ofReasons will be available and copies may be requestedfrom the agency’s regulation coordinator named in thisnotice or may be accessed on the Web site listedabove.

TITLE 8. DEPARTMENT OFINDUSTRIAL RELATIONS

Title 8, Chapter 8, Subchapter 2Office of Self Insurance Plans

Notice is hereby given that the Director of theDepartment of Industrial Relations proposes to adoptthe regulations described below after considering allcomments, objections and recommendations regardingthe proposed action.

PROPOSED REGULATORY ACTIONThe Department has not scheduled a formal public

hearing on this proposed action. However, the Directorwill hold a hearing if it receives a written request fora public hearing from any interested person, or his orher authorized representative, no later than 15 daysbefore the close of the written comment period.

WRITTEN COMMENT PERIODAny interested person, or his or her authorized

representative, may submit written comments relevantto the proposed regulatory action to Office of SelfInsurance Plans. The written comment period closes at5:00 p.m. on November 21, 2005. The Department

will consider only comments postmarked or receivedat the Office of Self Insurance Plans by that date.Submit comments to:

Mark Johnson, ManagerOffice of Self Insurance Plans2265 Watt Avenue, Suite 1Sacramento, CA 95825

AUTHORITY AND REFERENCE

Labor Code Sections 55 and 3702.10, authorizes theDirector of Industrial Relations to adopt, amend, andrepeal regulations which would implement and makespecific the provisions of Labor Code Sections 3702.1,3702.2, and 3702.6.

INFORMATIVE DIGEST AND POLICYSTATEMENT OVERVIEW

Existing Section 3702.10 of the Labor Codeauthorizes the Director of Industrial Relations toadopt, amend, and repeal regulations reasonablynecessary to carry out the purposes of Articles 1, 2,and 2.5 of the California Labor Code. Existing LaborCode Section 3701 requires private self insuredemployers to post security deposits with the Depart-ment of Industrial Relations that are based onestimates of future liability of claims, and existingLabor Code Section 3702.6 requires the Department ofIndustrial Relations to establish an audit program toensure that estimates of future liability of claims areadequate. Existing Labor Code Section 3702.1 re-quires each person given discretion to deny, accept, ornegotiate workers’ compensation claims to demon-strate competence, and requires each adjusting loca-tion of a third-party administrator authorized toadminister self insured claims to be in possession of aCertificate to Administer.

Department of Industrial Relations proposes toamend existing sections 15201, 15300, 15400,15400.2, 15402.4, 15403, 15450, 15450.1, 15452,15454, and 15463 in Title 8 of the California Code ofRegulations. These sections define terms in Articles 1through 13, establish requirements for estimatingfuture liabilities of workers’ compensation claims forself insured employers, indicate claim file contents forself insured employers’ workers’ compensation claims,establish requirements for the transfer of claimsrecords from one administrator to another, and addressaudit site locations. In addition, these sections addressthe issuance of Certificates to Administer to third partyadministrators of workers’ compensation claims, es-tablish annual license fees for these administrators,and establish application fees for the testing oftechnical knowledge and certification of competenceof individual administrators.


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Existing Section 15201 provides definitions forcommonly used terminology related to workers’compensation self insurance. Amendments to thissection will expand the definition of ‘‘AdjustingLocation’’ to address telecommuter claims adjusterlocations, and expand the definition of ‘‘Claims Log’’to specify that each year’s log will list claims by theyear reported, that claim logs of private self insurerswill be by calendar year, and logs of public selfinsurers will be by fiscal year.

Existing Section 15300 requires that a list of openindemnity claims be submitted with each Self Insur-er’s Annual Report, requires that indemnity andmedical-only claims reflect realistic estimates offuture liabilities due or potentially due, prohibitsreduction of estimates for third party recoveries oraggregate excess insurance, addresses procedures forclaiming credit for specific excess insurance, andrequires that estimates of future liability and paid costsbe made available when claims are audited. Thissection will be amended to clarify that estimates offuture liability reflect future liabilities reasonablyexpected to be due rather than potentially due, andspecifies the required components for both indemnityand medical reserves. The section will also beamended to prescribe how to reserve in case ofconflicting information, to specify that medical re-serves must be established for the duration oftreatment and the life of the claim based on the lifeexpectancy of the injured worker in claims withlifetime awards for benefits, and to specify theprinciples that must be considered when reducingestimates based on utilization review or expectedreductions in costs.

Existing Section 15400 indicates the requiredcontents of claim files for injuries reported beforeJanuary 1, 1990 and for injuries occurring on or afterJanuary 1, 1990, and requires that estimates of futureliability be reasonable and be adjusted upon receipt ofcertain items. The existing section indicates the use ofa reserve calculation worksheet is recommended butnot required. This section will be amended to deletethe requirement for a reasonable estimate to beadjusted following certain events because require-ments regarding the basis and timing of establishingreserves are covered in Section 15300. This sectionwill also be amended to indicate that, for injuriesreported on or after January 1, 2006, claim files shallbe maintained in chronological order or subdividedinto sections based on the nature of the documents,that electronic portions of files shall be easilyretrievable, and that itemized written documentationshowing the basis for the calculation of estimatedfuture liability shall be in each file.

Existing Section 15400.2 requires all claim files bekept and maintained for at least five years from thedate of injury or date that benefits are last provided,whichever is later, and indicates that claims may beclosed two years after benefits are last provided. Thissection will be amended to clarify that claims may notbe closed if there is a reasonable expectation thatfuture benefits will be payable.

Existing Section 15402.4 requires that in the eventclaims are transferred from one administrator toanother, all open claims will be provided immediatelyto the new administrator, and all closed claims and allcomputerized claims data shall be transferred within30 days unless otherwise provided by agreement. Thissection will be amended to require that the oldadministrator shall provide hard copies of computer-ized claims contents to the new administrator at itsown expense in instances where it is not providing thecomputerized claim contents.

Existing Section 15403 states that the Manager ofSelf Insurance Plans may order an audit at suchreasonable times as is deemed necessary and claimfiles must be made readily available. This section willbe amended to require the claims administrator tomake claims available for audit at a California officelocation of the administrator or the self insuredemployer in the event of an audit of claims that areadministered at a telecommuting adjuster’s home.

Existing Section 15450 requires that each claimsadministrator be in possession of a Certificate toAdminister and provides certain exceptions. Thissection will be amended grammatically and to deletereferences to minimum, maximum, and medianperiods of time to issue Certificates to Administer.

Existing Section 15450.1 prohibits self administra-tion of workers’ compensation claims by a self insuredemployer for its first three years of self insurance. Thissection will be amended grammatically and to removeredundancies.

Existing Section 15452 requires that self insuredworkers’ compensation claims be administered inCalifornia unless good cause to administer out of stateis shown, establishes a process for testing technicalknowledge of workers’ compensation so that individ-ual adjusters may demonstrate competence, providesfor an application form in the index of the regulations,and establishes a fee of $100 to take the Self InsuranceAdministration examination. This section will beamended to specify that the desire to consolidateclaims or the demonstration of competence of an outof state adjuster do not show good cause for out ofstate administration, to delete the application formfrom the regulations, and to increase the fee for takingthe exam to $150.


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Existing Section 15454 indicates time periods forthe renewal of Certificates to Administer for thirdparty administrators, and sets annual license fees of$650 per year for each third party administrator withan additional charge of $100 per each additionaladjusting location. This section will be amended toincrease the annual license fees to $1,000 per year foreach third party administrator and the additionalcharge to $200 for each additional adjusting location.

DISCLOSURES REGARDING THEPROPOSED ACTION

Costs or Savings to State AgenciesNo costs or savings to state agencies will result as a

consequence of the proposed action.Determination of MandateThe Director of Industrial Relations has determined

that the proposed regulations do not impose a mandateon local agencies or school districts or a mandaterequiring reimbursement by the State pursuant toPart 7 (commencing with Section 17500) of Division 4of the Government Code because the proposedamendment will not require local agencies or schooldistricts to incur additional costs in complying with theproposal. Furthermore, these regulations do notconstitute a ‘‘new program or higher level of service ofan existing program within the meaning of Section 6of Article XIII B of the California constitution.’’

Cost or Savings to Local Agencies or SchoolDistricts Required to be Reimbursed

No costs to local agencies or schools are required tobe reimbursed in accordance with Government CodeSections 17500 through 17630.

Other Non-discretionary Costs or Savings Imposedon Local Agencies or School Districts

This proposal does not impose non-discretionarycosts or savings imposed on local agencies or schooldistricts.

Costs or Savings in Federal Funding to the StateThis proposal will not result in costs or savings in

federal funding to the state.Impact on Housing CostsThe Department of Industrial Relations has made an

initial determination that the amendment of thisregulation will not have a significant effect on housingcosts.

Cost Impact on Representative Private Persons orBusinesses

The department is not aware of any cost impactsthat a representative private person or businesswould necessarily incur in reasonable compliance withthe proposed action. Individual private self insurersmay find the new deposit assessment to be higherthan current costs for providing individual securitydeposits.

Impact on BusinessThe Department of Industrial Relations has made an

initial determination that the amendment of thisregulation will not have a significant, statewideadverse economic impact directly affecting business,including the ability of California business to competewith businesses in other states.

Small Business ImpactThis regulation will have no adverse impact on

small business because it does not impose any newrequirements on employers nor does it amend anyexisting requirements impacting small business. Theincreases in fees to third party administrators and tocandidates for the Self Insurance Administration examare minimal, are easily within the range of feescharged by other state agencies, and are the firstincreases in 20 years.

Assessment of Job/Business Creation or Elimi-nation

The Department has made an assessment that theproposed amendment to the regulation would not (1)create or eliminate jobs within California, (2) createnew business or eliminate existing businesses withinCalifornia, and (3) affect the expansion of businessescurrently doing business within California.

ALTERNATIVES CONSIDEREDThe Director must determine that no reasonable

alternative has been considered by the agency or hasotherwise been identified and brought to it’s attentionthat would be more effective in carrying out thepurpose for which the action is proposed, or would beas effective and less burdensome to affected privatepersons than the proposed action. No reasonablealternative has been brought to the attention of theDirector that would be less effective or less burden-some to affected persons than the proposed action.

CONTACT PERSONSInquiries concerning the proposed administrative

action may be directed to:Mark Johnson, ManagerOffice of Self Insurance Plans2265 Watt Avenue, Suite 1Sacramento, CA [email protected] backup contact person for these inquiries is:Tina FreeseOffice of Self Insurance Plans2265 Watt Avenue, Suite 1Sacramento, CA [email protected] on the substance of the proposed

regulation should be directed to Mr. Johnson.


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Please direct requests for copies of the proposedtext, the initial statement of reasons, the modified textof the regulations, if any, or any other rulemakingdocuments to Tina Freese at the above address.

AVAILABILITY OF CHANGEDOR MODIFIED TEXT

After the close of the forty-five (45) day publiccomment period, the Director of the Department mayadopt the proposed regulations. As a result of publiccomments, either oral or written, that are received bythe Director regarding this proposal, the Director maydetermine that changes to the proposed regulation areappropriate. If the Director makes substantive modifi-cations which are sufficiently related to the originallyproposed text, it will make the modified text (with thechanges clearly indicated) available to the public for atleast 15 days before the Director adopts the regulationsas revised. Please send requests for copies of anymodified regulations to the attention of Tina Freese atthe above address. The Department will accept furtherwritten comments on the modified regulations for15 days after the date on which they are madeavailable.

AVAILABILITY OF INITIAL STATEMENT OFREASONS, RULEMAKING FILE AND EXPRESS

TERMS OF THE PROPOSED REGULATIONSThe Agency has established a rulemaking file for

this regulatory action, which contains those itemsrequired by law. The file is available for inspection atthe Office of Self Insurance Plans at 2265 WattAvenue, Suite 1, Sacramento, California 95825 duringnormal business working hours. As of the date thisNotice is published in the Notice Register, therulemaking file consists of this Notice, the InitialStatement of Reasons and the proposed text of theregulations. Copies of these items are available, uponrequest, from the Agency Contact Person designated inthis Notice.

AVAILABILITY OF FINALSTATEMENT OF REASONS

The Department is required to prepare a FinalStatement of Reasons. Once the Department hasprepared a Final Statement of Reasons, a copy will bemade available to anyone who requests a copy.Requests for copies should be addressed to theDepartment Contact Person identified in this Notice.

DEPARTMENT INTERNET WEBSITEThe Department maintains an Internet website for

the electronic publication and distribution of writtenmaterial. Copies of the Notice of Proposed Action, theInitial Statement of Reasons, and the text of theregulations in underline and strikeout can be accessedthrough our website at http://sip.dir.ca.gov.

TITLE 8. DEPARTMENT OFINDUSTRIAL RELATIONS

NOTICE OF PROPOSED RULEMAKING

Subject Matter of Regulations:Workers’ Compensation—

Workers’ Compensation Information System

TITLE 8, CALIFORNIA CODE OFREGULATIONS

Sections 9701 et seq.NOTICE IS HEREBY GIVEN that the Adminis-

trative Director of the Division of Workers’ Compen-sation, pursuant to the authority vested in her by LaborCode sections 133, 138.6, and 138.7, proposes tomodify existing regulations, by amending Article 1.1,Subchapter 1 to Chapter 4.5 of Title 8, California Codeof Regulations, commencing with section 9701,relating to the Workers’ Compensation InformationSystem.

PROPOSED REGULATORY ACTIONThe Department of Industrial Relations, Division of

Workers’ Compensation, proposes to modify existingregulations, by amending Article 1.1, Subchapter 1 toChapter 4.5 of Title 8, California Code of Regulations,commencing with section 9701, relating to theWorkers’ Compensation Information System:

Section 9701 DefinitionsSection 9702 Electronic Data ReportingSection 9703 Access to Individually Identifiable

Information

PUBLIC HEARINGA public hearing has been scheduled to permit all

interested persons the opportunity to present state-ments or arguments, oral or in writing, with respect tothe subjects noted above, on the following dates:

Date: November 22, 2005Time: 10:00 am to 5:00 pm or conclusion of

businessPlace: Elihu Harris State Building, Auditorium

1515 Clay Street,Oakland, CA 94612

The State Office Building and its Auditorium areaccessible to persons with mobility impairments.Alternate formats, assistive listening systems, signlanguage interpreters, or other type of reasonableaccommodation to facilitate effective communicationfor persons with disabilities, are available uponrequest. Please contact the State Wide DisabilityAccommodation Coordinator, Adel Serafino, at 1-866-681-1459 (toll free), or through the California RelayService by dialing 711 or 1-800-735-2929 (TTY/English) or 1-800-855-3000 (TTY/Spanish) as soon aspossible to request assistance.


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Please note that public comment will beginpromptly at 10:00 a.m. and will conclude when the lastspeaker has finished his or her presentation. If publiccomment concludes before the noon recess, noafternoon session will be held.

The Administrative Director requests, but does notrequire that, any persons who make oral comments atthe hearings also provide a written copy of theircomments. Equal weight will be accorded to oralcomments and written materials.

WRITTEN COMMENT PERIODAny interested person, or his or her authorized

representative, may submit written comments relevantto the proposed regulatory action to the Department ofIndustrial Relations, Division of Workers’ Compensa-tion. The written comment period closes at 5:00 p.m.,on November 22, 2005. The Department of IndustrialRelations, Division of Workers’ Compensation willconsider only comments received at the Department ofIndustrial Relations, Division of Workers’ Compensa-tion by that time. Equal weight will be accorded to oralcomments presented at the hearing and writtenmaterials.

Submit written comments concerning the proposedregulations prior to the close of the public commentperiod to:

Maureen GrayRegulations CoordinatorDepartment of Industrial RelationsDivision of Workers’ CompensationPost Office Box 420603San Francisco, CA 94142Written comments may be submitted by facsimile

transmission (FAX), addressed to the above-namedcontact person at (510) 286-0687. Written commentsmay also be sent electronically (via e-mail) using thefollowing e-mail address: [email protected] .

Unless submitted prior to or at the public hearing,Ms. Gray must receive all written comments no laterthan 5:00 p.m. on November 22, 2005.

AUTHORITY AND REFERENCEThe Administrative Director is undertaking this

regulatory action pursuant to the authority vested inthe Administrative Director by Labor Code sections133, 138.6, and 138.7.

Reference is to Labor Code sections 129, 138.4,138.6 and 138.7.

INFORMATIVE DIGEST AND POLICYSTATEMENT OVERVIEW

Labor Code section 138.6 requires the Administra-tive Director of the Division of Workers’ Compensa-tion to develop a cost efficient workers’ compensationinformation system to accomplish the followingpurposes:

• Assist the Department of Industrial Relations tomanage the workers’ compensation system in aneffective and efficient manner.

• Facilitate the evaluation of the effectiveness andefficiency of the benefit delivery system.

• Assist in measuring how adequately the systemindemnifies injured workers and their dependents.

• Provide statistical data for research into specificaspects of the workers’ compensation system.The data collected electronically must be compat-

ible with the International Association of IndustrialAccident Boards and Commissions’ Electronic DataInterchange (IAIABC EDI) system, and the dataelements to be provided by claims administratorsthrough the WCIS must be set forth in regulations.

Additionally, Labor Code Section 138.7 limitsaccess to individually identifiable information main-tained by the Division of Workers’ Compensation, andrequires the Administrative Director to adopt regula-tions governing access to this information by specifiedgovernment agencies and bone fide researchersauthorized by this statute to receive individuallyidentifiable information.

These proposed regulations implement, interpret,and make specific these two sections of the LaborCode as follows:

1. Section 9701This section is amended to define key terms used in

these regulations to ensure the meaning will be clear tothe workers’ compensation community. The proposedamendments in this section will clarify terms in thecurrent WCIS regulations and define key terms thatare contained within the regulations proposed forsections 9702 and 9703:

(a) ‘‘Bona Fide Statistical Research’’ is defined toclarify the purpose for which individually identifiableinformation will be released to individuals and privateor public entities under existing Section 9703 (d).

(b) ‘‘California EDI Implementation Guide forFirst and Subsequent Reports of Injury’’ is defined andincorporated by reference as it contains Californiaspecific reporting requirements and information ex-cerpted from the IAIABC EDI Implementation Guidefor First, Subsequent, Acknowledgment Detail,Header & Trailer Records, Release 1, issued Febru-ary 15, 2002, by the International Association ofIndustrial Accident Boards and Commissions.

(c) ‘‘California EDI Implementation Guide forMedical Bill Payment Records’’ is defined andincorporated by reference as it contains the California-specific protocols excerpted from the IAIABC EDIImplementation Guide for Medical Bill PaymentRecords, explains the technical design and functional-ity of the WCIS system, testing options for the trading


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partners, instructions regarding the data elements formedical billing, and copies of the required medicalbilling electronic forms.

(f) ‘‘Closed Claim’’ is defined to clarify an eventthat gives rise to a reporting obligation under section9702 (d).

(g) ‘‘Data Elements’’ is amended to refer to thecurrent IAIABC EDI Implementation Guide instead ofRelease 1 and Release 2.

Former subsection (e) and (f) are deleted as theupdated IAIABC EDI Implementation Guide, Release1 is defined in subdivision (j).

Former (g) ‘‘EDI Trading Partner Profile’’ is deletedbecause the trading partner profiles are containedwithin the California EDI Implementation guide andCalifornia Implementation Guide for Medical BillPayment Records. There is no specific reference to thetrading partner profiles in section 9702.

Former (h) is deleted as the IAIABC EDI Imple-mentation Guide for Medical Bill Payment Records isdefined in (k).

(i) ‘‘Health Care Organization (HCO)’’ is definedas the term is referenced in section 9702(e).

(j) ‘‘IAIABC EDI Implementation Guide, Release1.’’ This definition replaces former subdivisions (e)and (f). It is the updated version of the IAIABCImplementation Guide for First, Subsequent, Ac-knowledgment Detail, Header & Trailer Records,Release 1, issued February 15, 2002. Sections 4, 5, 6,and the Appendix of EDI Implementation Guide,Release 1, are linked to the Division’s Web site athttp://www.dir.ca.gov/dwc/WCIS.htm.

(k) ‘‘IAIABC EDI Implementation Guide forMedical Bill Payment Records.’’ The definition for theIAIABC EDI Implementation Guide for Medical BillPayment Records, Release 1, approved July 4, 2002, isadded as it provides the EDI standards for medical billpayment records. Sections 1 through 3, and 6 through14 of the IAIABC EDI Implementation Guide forMedical Bill Payment Records, Release 1, are linkedto the Division’s Web site at http://www.dir.ca.gov/dwc/WCIS.htm.

Former subdivisions (i) and (j) are re-lettered (l) and(m) due to the additions and deletions listed above.Former subdivision (k) is deleted.

(n) [formerly (l)] ‘‘International Association ofIndustrial Accident Boards and Commissions’’ isamended to reflect the association’s change of officelocation. Additionally, the sentence regarding thelicensing agreement is deleted as a licensing agree-ment is no longer required.

Former subdivision (m) is re-lettered (o).2. Section 9702

Subdivision (a) is amended to refer to the CaliforniaEDI Implementation Guide for First and SubsequentReports of Injury and the California EDI Implemen-

tation Guide for Medical Bill Payment Records. Thesubdivision requires that claims administrators onlytransmit data elements taken from the California EDIImplementation Guides. Former subdivisions (a)(1)through (4), which pertained to a variance period, aredeleted as the variance periods ended in 2001.

Subdivision (b) is amended to delete reference toMarch 1, 2000 since that date has now passed. Variousdata element names and numbers have been amendedor deleted to be consistent with the updated IAIABCEDI Implementation Guide.

Subdivision (c) is amended also refer to dataelement transmission as required under (b) and (e).Various data element names and numbers have beenamended or deleted to be consistent with the updatedIAIABC EDI Implementation Guide. Also, the foot-notes for many of the data elements have been addedor changed to be consistent with the updated IAIABCEDI Implementation Guide.

Subdivision (d) is amended to increase the five daytime period in which claims administrators mustsubmit data elements to fifteen days, to provide claimsadministrators with more time to report. Various dataelement names and numbers have been amended ordeleted to be consistent with the updated IAIABC EDIImplementation Guide. Also, the footnotes for many ofthe data elements have been added or changed to beconsistent with the updated IAIABC EDI Implemen-tation Guide. The following ‘‘note’’ has also beenadded to this subdivision: ‘‘Final reports (MTC = FN)are required only for claims where indemnity benefitsare paid. For medical-only claims, the final reportwould be reported under Subsection (g) (MTC = AN)with claim status = ‘closed.’’’

Subdivision (e) is amended by deleting the sentencereserving the section. Subdivision (e) now sets forththat on or after June 1, 2006, claims administratorshandling one hundred and fifty (150) or more totalclaims per year shall submit to the WCIS on eachclaim with a date of service on or after June 1, 2006,the data elements (which are set forth in the chart insubdivision (e)) for all medical services for which theclaims administrator has received a billing or otherreport of provided medical services. The CaliforniaEDI Implementation Guide for Medical Bill PaymentRecords sets forth the specific California reportingrequirements. The data elements required in thissubdivision are taken from California EDI Implemen-tation Guide for Medical Bill Payment Records andthe IAIABC EDI Implementation Guide for MedicalBill Payment Records. The claims administrator shallsubmit the data within ninety (90) calendar days of themedical bill payment. Each claims administrator shalltransmit the data elements by electronic data inter-change in the manner set forth in the California EDI


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Implementation Guide. Many of the data elements inthe chart have footnotes, which are explained at theend of the chart.

Subdivision (g) is amended to modify the words‘‘each claim’’ with ‘‘with a date of injury on or afterJuly 1, 2000 and . . . ’’ The words, ‘‘includingmedical’’ are deleted as they are unnecessary andconfusing. Various data element names and numbers inthe chart have been amended or deleted to beconsistent with the updated IAIABC EDI Implemen-tation Guide. The following ‘‘note’’ has been added:‘‘Final reports (MTC = FN) are required only forclaims where indemnity benefits are paid. Formedical-only claims, the final report would bereported under this subsection (MTC = AN) with claimstatus = ‘closed.’’’

Subdivision (h)(3) has been added to state that onand after June 1, 2006, a claims administrator’sobligation to submit an Annual Report of Inventorypursuant to Title 8, California Code of Regulations,section 10104 is satisfied upon determination by theAdministrative Director that the claims administratorhas demonstrated the capability to submit complete,valid, and accurate data as required under subsections(b), (d), (e), and (g), and continued compliance withthose subsections.3. Section 9703

Subdivision (b) is amended to include that theDivision of Workers’ Compensation may obtain anduse individually identifiable information: ‘‘(5) Toconduct research related to the workers’ compensationsystem for the purpose of carrying out the duties of theDivision of Workers’ Compensation or the Adminis-trative Director.’’

Subdivision (d) is added to state that upon writtenrequest to the Administrative Director, researchersemployed by or under contract to the Commission onHealth and Safety and Workers’ Compensation agen-cies may obtain individually identifiable informationfrom the WCIS, in the manner set forth in amemorandum of understanding between the Adminis-trative Director, the commission, and the person orentity conducting research, for the purpose of bonafide statistical research. The subdivision also sets forthwhat the request must include and rules pertaining tothe protection of individually identifiable information.

The remaining subdivisions are re-lettered.

DISCLOSURES REGARDING THEPROPOSED REGULATORY ACTION

The Administrative Director has made the followinginitial determinations:• Significant statewide adverse economic impact

directly affecting business, including the ability ofCalifornia businesses to compete with businesses inother states: Costs will be incurred by workers’

compensation insurers, self-insured self-administered employers and third party claimsadministrators to expand the Electronic Data Inter-change structure of the Workers’ CompensationInformation System (WCIS) reporting program,including payment for programming and relatedstaff, and costs associated with establishing linkagesbetween claims handling and bill review systems.Costs will also be incurred to report the additionalmedical transactions data to the WCIS. Somenationwide workers’ compensation insurance com-panies already report medical data to other states(i.e. Texas and West Virginia) and therefore alreadyhave their medical reporting systems in operation.Other insurance carriers who are not yet providingmedical data may contract with a third party vendorand incur costs of approximately $8000 per year.Insurance companies who report directly to WCISand use their own systems will need to upgrade theirprogramming for the medical data reporting andmay incur an initial cost of approximately $50,000.Medical data reporting to the WCIS is required byLabor Code section 138.6 which established theWCIS, Labor Code section 4603.4 which requiresthat all employers/claims administrators acceptelectronic billing from medical providers, and theneed to collect medical data in order to analyze andmonitor system performance [see the CaliforniaState Auditor Report entitled: California’s Workers’Compensation Program: Changes to the MedicalPayment System Should Produce Savings AlthoughUncertainty about New Regulations and DataLimitations Prevent a More Comprehensive Analy-sis (January 2004.)].

The costs may affect claims administrators(workers’ compensation insurance companies, thirdparty claims administrators, or self-insured selfadministered employers). The claims administratorswill be required to report via an electronictransmission of the medical data listed in theregulations to the WCIS in the time frames set forthin the regulations, as they are currently required todo with data elements derived from the first andsubsequent reports of injury.

The Division has made an initial determinationthat the adoption of this regulation may have asignificant, statewide adverse economic impactdirectly affecting business, including the ability ofCalifornia businesses to compete with businesses inother states. The Division has considered proposedalternatives that would lessen any adverse economicimpact on businesses and invites you to submitproposals. Submissions may include the followingconsiderations:


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(i) The establishment of differing compliance orreporting requirements or timetables that takeinto account the resources available to busi-nesses.

(ii) Consolidation or simplification of complianceand reporting requirements for businesses.

(iii) The use of performance standards rather thanprescriptive standards.

(iv) Exemption or partial exemption from theregulatory requirements for businesses.

• Adoption of these regulations will not: (1) create oreliminate jobs within the State of California, (2)create new businesses or eliminate existing busi-nesses within the State of California, or (3) affectthe expansion of businesses currently doing busi-ness in California.

• Effect on Housing Costs: None.• Cost impacts on representative private person or

business: The Administrative Director has deter-mined that the proposed regulations will not have asignificant adverse economic impact on representa-tive private persons or directly affected businesses.The entities directly affected by the regulations arethree types of private businesses: (1) employers whoare large and financially secure enough to bepermitted to self-insure their workers’ compensa-tion liability and who administer their own workers’compensation claims; (2) private insurance compa-nies which are authorized to transact workers’compensation insurance in California; and (3) thirdparty administrators which are retained to adminis-ter claims on behalf of self-insured employers orinsurers.

EFFECT ON SMALL BUSINESSThe Administrative Director has determined that the

proposed regulations may affect small businesses.However, claims administrators have been required toreport to WCIS since November 1, 1999. Therefore,the reporting to WCIS is not a new requirement.Additionally, small businesses are generally notself-insured, insurers, or third party administrators.Finally, subdivision (e), which requires medical datareporting, will not affect small business, as only claimsadministrators handling one hundred and fifty or moretotal claims per year are required to report.

FISCAL IMPACTS• Costs or savings to state agencies or costs/savings in

federal funding to the State: None.• Local Mandate: None. The proposed regulations

will not impose any new mandated programs orincreased service levels on any local agency orschool district. The potential costs imposed on allpublic agency employers by these proposed regula-tions, although not a benefit level increase, are not a

new State mandate because the regulations apply toall employers, both public and private, and notuniquely to local governments.

• Cost to any local agency or school district that isrequired to be reimbursed under Part 7 (commenc-ing with Section 17500) of Division 4 of theGovernment Code: None. (See ‘‘Local Mandate’’section above.)

• Other nondiscretionary costs/savings imposed uponlocal agencies: None. (See ‘‘Local Mandate’’section above.)

CONSIDERATION OF ALTERNATIVESIn accordance with Government Code Section

11346.5(a)(13), the Administrative Director mustdetermine that no reasonable alternative considered orthat has otherwise been identified and brought to theAdministrative Director’s attention would be moreeffective in carrying out the purpose for which theactions are proposed or would be as effective and lessburdensome to affected private persons than theproposed actions.

The Administrative Director invites interested per-sons to present statements or arguments with respect toalternatives to the proposed regulations at the sched-uled hearing or during the written comment period.

PUBLIC DISCUSSIONS OFPROPOSED REGULATIONS

Pursuant to Government Code section 11346.45, thetext of the draft proposed regulations was madeavailable for pre-regulatory public comment throughthe Division’s Internet message board (the DWCForums). Additionally, the proposed regulations weremade available for discussion and comment to theWCIS Advisory Committee (Title 8, California Codeof Regulations, section 9704).

AVAILABILITY OF INITIAL STATEMENTOF REASONS, TEXT OF PROPOSEDREGULATIONS, RULEMAKING FILE

AND DOCUMENTS SUPPORTING THERULEMAKING FILE / INTERNET ACCESS

An Initial Statement of Reasons and the text of theproposed regulations in plain English have beenprepared and are available from the contact personnamed in this notice. The entire rulemaking file will bemade available for inspection and copying at theaddress indicated below.

As of the date of this notice, the rulemaking fileconsists of the notice, the initial statement of reasons,the proposed text of the regulations, pre-rulemakingcomments, and the Form 399. Also included arestudies and documents relied upon in drafting theproposed regulations.

In addition, the Notice, Initial Statement of Rea-sons, and proposed text of regulations may be


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accessed and downloaded from the Division’s websiteat www.dir.ca.gov. To access them, click on the‘‘Proposed Regulations—Rulemaking’’ link and scrolldown the list of rulemaking proceedings to find thecurrent Workers’ Compensation Information Systemrulemaking link.

Any interested person may inspect a copy or directquestions about the proposed regulations and anysupplemental information contained in the rulemakingfile. The rulemaking file will be available forinspection at the Department of Industrial Relations,Division of Workers’ Compensation, 1515 Clay Street,Oakland, California, between 9:00 a.m. and 4:30 p.m.,Monday through Friday. Copies of the proposedregulations, initial statement of reasons and anyinformation contained in the rulemaking file may berequested in writing to the contact person.

CONTACT PERSONNonsubstantive inquiries concerning this action,

such as requests to be added to the mailing list forrulemaking notices, requests for copies of the text ofthe proposed regulations, the Initial Statement ofReasons, and any supplemental information containedin the rulemaking file may be requested in writing atthe same address. The contact person is:

Maureen GrayRegulations CoordinatorDepartment of Industrial RelationsDivision of Workers’ CompensationPost Office Box 420603San Francisco, CA 94142E-mail: [email protected] telephone number of the contact person is

(510) 286-7100.

BACKUP CONTACT PERSON/CONTACT PERSON FOR

SUBSTANTIVE QUESTIONSIn the event the contact person is unavailable, or to

obtain responses to questions regarding the substanceof the proposed regulations, inquiries should bedirected to the following backup contact persons:

Destie Overpeck ([email protected])Division of Workers’ CompensationPost Office Box 420603San Francisco, CA 94142The telephone number of the backup contact

persons is (510) 286-7100.

AVAILABILITY OF CHANGES FOLLOWINGPUBLIC HEARING

If the Administrative Director makes changes to theproposed regulations as a result of the public hearingand public comment received, the modified text withchanges clearly indicated will be made available for

public comment for at least 15 days prior to the date onwhich the regulations are adopted.


Upon its completion, the Final Statement ofReasons will be available and copies may be requestedfrom the contact person named in this notice or may beaccessed on the website: www.dir.ca.gov

AUTOMATIC MAILINGA copy of this Notice, the Initial Statement of

Reasons, and the text of the regulations, willautomatically be sent to those interested persons on theAdministrative Director’s mailing list.

If adopted, the regulations as amended will appearin Title 8, California Code of Regulations, commenc-ing with section 9701.

TITLE 13. DEPARTMENT OFMOTOR VEHICLES

NOTICE IS HEREBY GIVENThe Department of Motor Vehicles (the department)

proposes to amend Chapter 1, Division 1, Article 4.7,Sections 345.39, 345.45, 345.56 and 345.78 ofTitle 13, California Code of Regulations, concerningTraffic Violator Schools.

PUBLIC HEARINGA public hearing regarding this proposed regulatory

action is not scheduled. However, a public hearing willbe held if any interested person or his or her dulyauthorized representative requests a public hearing tobe held relevant to the proposed action by submittinga written request to the contact person identified in thisnotice no later than 5:00 P.M., fifteen (15) days priorto the close of the written comment period.

DEADLINE FOR WRITTEN COMMENTSAny interested person or his or her duly authorized

representative may submit written comments relevantto the proposed regulations to the contact personidentified in this notice. All written comments must bereceived at the department no later than 5:00 P.M. onNovember 21, 2005, the final day of the writtencomment period, in order for them to be considered bythe department before it adopts the proposed regula-tions.

AUTHORITY AND REFERENCEThe department proposes to adopt the proposed

action under the authority granted by Vehicle Codesection 1651, in order to implement, interpret or makespecific Vehicle Code sections 12804.9 (a), 12527 (a),15210, and 15275; as well as Sections 391.41 and391.43 of Title 49, Code of Federal Regulations.


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INFORMATIVE DIGEST/POLICYSTATEMENT OVERVIEW

Vehicle Code Section 11202(a)(2) authorizes thedepartment to establish standards for traffic violatorschool curriculum and business practices. VehicleCode Section 11219 allows regulations for trafficviolator schools regarding the conduct of coursesincluding curriculum.

The department proposes to amend Sections 345.39,345.45, 345.56 and 345.78, in Title 13, CaliforniaCode of Regulations to comply with the federalregulations and California Vehicle Code Sections11202, 15210 and 42005, which will become effectiveon September 20, 2005.

§ 345.39. Conducting Classes. Section 345.39will require the traffic violator schoolinstructor to view each student’s driverlicense to verify the information providedon the roster sheet or enrollment card.

§ 345.45. Issuance, Content and Disposition ofCompletion Certificates. Section345.45 will identify the current revision ofthe completion certificate, the informationrequired on the certificate, and identifywho is not qualified to receive a certifi-cate.

§ 345.56. Business Records. Section 345.56 willidentify the information required on therecords of every traffic violator schoolclass.

§ 345.78. Traffic Violator School Attendance.Section 345.78 will require each trafficviolator school to verify the class of driverlicense and the citation for each studentprior to attending the course and identifywho may not attend a traffic violatorschool in lieu of adjudicating a trafficoffense.

FISCAL IMPACT STATEMENT

• Cost Or Savings To Any State Agency: None.

• Other Non-Discretionary Cost or Savings to LocalAgencies: None.

• Costs or Savings in Federal Funding to the State:None.

• Cost Impact on Representative Private Persons orBusinesses: The department is not aware of any costimpacts that a representative private person orbusiness would necessarily incur in reasonablecompliance with the proposed action.

• Effect on Housing Costs: None.

DETERMINATIONS

The department has made the following initialdeterminations concerning the proposed regulatoryaction:

• The proposed regulatory action has no effect thatwould have a significant statewide adverse eco-nomic impact directly affecting businesses, includ-ing the ability of California businesses to competewith businesses in other states. The regulatoryaction proposed by the department will modify theexisting regulations to comply with California lawthat will become effective on September 20, 2005,and federal regulations that prohibit courts fromreferring a commercial driver to a traffic violatorschool in lieu of adjudicating a traffic offense.

• The adoption of this regulation will neither createnor eliminate jobs or businesses in the state ofCalifornia, will not result in the elimination ofexisting businesses, and will neither reduce norexpand businesses currently doing business in thestate of California.

• The proposed regulatory action will not impose amandate on local agencies or school districts, or amandate which requires reimbursement pursuant topart 7 (commencing with Section 17500) ofDivision 4 of the Government Code.

• The proposed regulatory action will affect smallbusinesses as approximately 95% of the depart-ment’s existing traffic violator schools are smallbusinesses under Government Code section11342.610.

ALTERNATIVES CONSIDERED

The department must determine that no reasonablealternative considered by the department or that hasotherwise been identified and brought to the attentionof the department would be more effective in carryingout the purpose for which the action is proposed, orwould be as effective and less burdensome to affectedprivate persons than the proposed action.

CONTACT PERSON

Inquiries relevant to the proposed action andquestions on the substance of the proposed regulationsshould be directed to the department representative,Randi Calkins, Department of Motor Vehicles, P.O.Box 932382, Mail Station E-244, Sacramento, Cali-fornia 94232-3820; telephone number (916) 657-8898,or [email protected]. In the absence of thedepartment representative, inquiries may be directedto the Regulations Coordinator, Deborah Baity, at(916) 657-5690 or [email protected]. The faxnumber for the Regulations Branch is (916) 657-1204.


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AVAILABILITY OF STATEMENT OF REASONSAND TEXT OF PROPOSED REGULATIONSThe department has prepared an initial statement of

reasons for the proposed action, and has available allthe information upon which the proposal is based. Thecontact person identified in this notice shall makeavailable to the public upon request the express termsof the proposed action using underline or italics toindicate additions to, and strikeout to indicate dele-tions from, the California Code of Regulations. Thecontact person identified in this notice shall also makeavailable to the public upon request the final statementof reasons and the location of public records, includingreports, documentation and other materials related tothe proposed action. In addition, the above-citedmaterials (Notice, Initial Statement of Reasons andExpress Terms) may be accessed at www.dmv.ca.gov/about/lad/regactions.htm web page.

AVAILABILITY OF MODIFIED TEXTFollowing the written comment period, and the

hearing if one is held, the department may adopt theproposed regulations substantially as described in thisnotice. If modifications are made which are suffi-ciently related to the originally proposed text, the fullmodified text with changes clearly indicated shall bemade available to the public for at least 15 days priorto the date on which the department adopts theresulting regulations. Request for copies of anymodified regulations should be addressed to thedepartment contact person identified in this notice.The department will accept written comments on themodified regulations for 15 days after the date onwhich they are first made available to the public.

TITLE 14. DEPARTMENT OFBOATING AND WATERWAYS

NOTICE OF PROPOSED REGULATORY ACTIONNOTICE IS HEREBY GIVEN that the California

Department of Boating and Waterways (Department)proposes to adopt the regulations described belowafter considering all comments, objections, or recom-mendations regarding the proposed action.

PROPOSED REGULATORY ACTIONThe Department proposes to amend section 5101

and section 5104 in Title 14 of the California Code ofRegulations (CCR), relating to the Public Small CraftHarbor Loan Program.

WRITTEN COMMENTSA written comment period has been established

commencing on October 7, 2005 and terminatingon November 28, 2005. Any interested person

may present written comments concerning theproposed regulation no later than close of business onNovember 28, 2005

Please submit your written comments to:Mr. Mike SoteloCalifornia Department of Boating and Waterways2000 Evergreen Street, Suite 100Sacramento, California 95815FAX: (916) 263-0648

PUBLIC HEARINGThe Department does not propose to conduct a

public hearing for this proposed regulatory action.However, in accordance with section 11346.8 of theGovernment Code, any interested party, or his or herduly authorized representative, may submit a requestfor a public hearing, in writing to the Department,at least 15 days before the close of the writtencomment period.

Please submit your written request for a hearing to:Mr. Mike SoteloCalifornia Department of Boating and Waterways2000 Evergreen Street, Suite 100Sacramento, California 95815FAX: (916) 263-0648

AUTHORITY AND REFERENCEThis regulatory action is taken pursuant to the

authority vested by the Harbors and NavigationCode section 71.4 (b). The purpose of the proposedregulations is to implement, interpret, andmake specific Harbors and Navigation Codesection 71.4 (b).


Existing law authorizes the Department to makeloans to cities, counties, and districts, for the planning,acquisition, construction, improvement, maintenance,or operation of small craft harbors and facilities inconnection with those harbors, and connecting water-ways. This proposal is intended to implement,interpret, and make specific the provisions of thepublic small craft harbor loan program. Additionally,this proposal clarifies the definition of vessel pumpoutfacility.

Existing law requires the Department to establish,by rules and regulations, policies and standards to befollowed in making these loans. Such rules andregulations are legally required to contain policies andstandards for environmental facilities including re-strooms, vessel pumpout facilities, oil recyclingfacilities, and receptacles for the purpose of separat-ing, reusing, or recycling all solid waste materials.This proposal provides those policies and standards,regarding the aforementioned environmental facilities,


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which the Department will follow for the qualificationand prioritization of public loans. Specifically, thesepolicies and standards direct the Department, whenconsidering loan applications, to grant priority to thoseapplicants whose projects include provisions relatingto the planning, acquisition, construction, improve-ment, maintenance or operation of such environmentalfacilities.

Existing law authorizes the Department to adoptrules and regulations necessary to carry out theprovisions of the Harbors and Navigation Code. Thisproposal provides both policies and standards, in theform of additional ranking criteria relating to environ-mental facilities, the Department would be required touse for prioritizing available public funding to loanapplicants of the Public Small Craft Harbor LoanProgram in accordance with existing law.

PLAIN ENGLISH REQUIREMENTSThe Department staff prepared the proposed final

regulations pursuant to the standard of clarity providedin Government Code section 11349 and the plainEnglish requirements of Government Code section11342.580 and 11346.2(a)(1). The proposed regula-tions are considered nontechnical and should be easilyunderstood by those parties that will use them.

CONSIDERATION OF ALTERNATIVESIn accordance with Government Code section

11346.5(a)(13), the Department must determine thatno reasonable alternative considered by the Depart-ment, or that has otherwise been identified andbrought to the attention of the Department, would bemore effective in carrying out the purpose for whichthe action is proposed, or would be as effective andless burdensome to affected private persons than theproposed action. The Department has initially deter-mined that there are no other reasonable alternatives.

SIGNIFICANT STATEWIDE ADVERSEECONOMIC IMPACT DIRECTLY

AFFECTING BUSINESSESThe Department has made the initial determination

that adoption of this proposed regulatory action willnot have significant statewide adverse economicimpact directly affecting businesses, including theability of California businesses to compete withbusiness in other states.

COST IMPACT ON REPRESENTATIVE PRIVATEPERSONS OR BUSINESSES

The Department is not aware of any cost impact thata representative private person or business wouldnecessarily incur in reasonable compliance with theproposed regulatory action.

IMPACT ON THE CREATION, ELIMINATION,OR EXPANSION OF JOBS

The Department had determined it is unlikely theproposed regulatory action will impact the creation orelimination of jobs, the creation of new businesses orthe elimination of existing businesses currently doingbusiness with the State of California.

DETERMINATION OF EFFECT ONSMALL BUSINESSES

The Department has determined that the proposedregulatory action has no impact on small businessesbecause only local public agency may obtain a loanfrom the public small craft harbor loan program.

EFFECT ON HOUSING COSTSThe Department has initially determined that this

regulatory action will have no effect on housing costs.

IMPACT ON LOCAL AGENCIESOR SCHOOL DISTRICTS

The Department has determined that the proposedregulatory action does not impose a mandate on localagencies or school districts, nor does it requirereimbursement by the State pursuant to Part 7(commencing with section 17500) of Division 4 of theGovernment Code because the regulatory action doesnot constitute a ‘‘new program or higher level ofservice of an existing program’’ within the meaning ofsection 6 of Article XIIIB of the California Constitu-tion. The Department has also determined that nonon-discretionary costs or savings to local agencieswill result from the proposed regulatory action.

COST OR SAVINGS TO STATE AGENCIESThe Department has determined that no savings or

any increased costs to any State agency will resultfrom this regulatory action.

COSTS OR SAVINGS TO FEDERALFUNDING TO THE STATE

The Department has determined that this regulatoryaction imposes no cost or savings in federal funding tothe State.

REPORTING REQUIREMENTSThe proposed regulatory action makes no reporting

requirement upon businesses.

AVAILABILITY OF STATEMENT OF REASONSAND TEXT OF PROPOSED REGULATIONSThe Department has prepared an Initial Statement of

Reasons, and has available the express terms of theproposed regulatory action, all of the information uponwhich the proposal is based, and a rulemaking file. Acopy of the Initial Statement of Reasons and theproposed text of the regulation may be obtained fromthe Department contact person named in this notice.


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The information upon which the Department relied inpreparing this proposal and the rulemaking file areavailable for review at the address specified below.

AVAILABILITY OF CHANGEDOR MODIFIED TEXT

After the close of the comment period, theDepartment may make the regulation permanent if itremains substantially the same as described in theInformative Digest. If the Department does makechanges to the regulation, the modified text will bemade available for at least 15 days prior to theadoption. Requests for the modified text should beaddressed to the Department contact person named inthis notice. The Department will accept writtencomments on any changes for 15 days after themodified text is made available.

AVAILABILITY OF FINALSTATEMENT OF REASONS

When prepared, the Final Statement of Reasons willbe made available through the agency contact personsand the website.

CONTACT PERSONWritten comments about the proposed regulatory

action, requests for a copy of the Initial Statement ofReasons and/or the proposed text of the regulation,inquiries regarding the rulemaking file and questionson the substance of the proposed regulatory actionmay be directed to:

Mr. Mike SoteloCalifornia Department of Boating and Waterways2000 Evergreen Street, Suite 100Sacramento, California 95815FAX: (916) 263-0648Note: In the event the contact person is unavailable,

inquiries should be directed to the following backupcontact person at the same address as noted above:

David Johnson(916) 263-0780This Notice of Proposed Action, the Initial State-

ment of Reasons, and the proposed text of theregulation are also available on the Department’sInternet Home Page (http://www.dbw.ca.gov/reg.htm)

TITLE 15. DEPARTMENT OFCORRECTIONS ANDREHABILITATION

California Code of RegulationsTitle 15, Crime Prevention and Corrections

NOTICE IS HEREBY GIVEN that the Secretary ofthe Department of Corrections and Rehabilitation-(CDCR), pursuant to the authority granted by Govern-ment Code Section 12838.5 and Penal Code (PC)

Section 5055, and the rulemaking authority granted byPC Section 5058, in order to implement, interpret, andmake specific PC Section 5054, proposes to amend,adopt, renumber, and repeal Sections 3050, 3051,3052, 3053, 3054 in the California Code of Regula-tions (CCR), Title 15 concerning Food Service.

PUBLIC HEARINGDate and Time: November 21, 2005

9:00 a.m. – 12:00 p.m.Place: Water Resources Auditorium

1416 Ninth StreetSacramento, CA 95814

Purpose: To receive comments about thisaction.

PUBLIC COMMENT PERIODThe public comment period will close Novem-

ber 21, 2005, 5:00 p.m Any person may submit publiccomments in writing (by mail, by fax or by e-mail)regarding the proposed changes. To be considered bythe Department, comments must be submitted to theCDCR and Rehabilitation, Regulation and PolicyManagement Branch, P.O. Box 942883, Sacramento,CA 94283-0001; by fax at (916) 358-2636; or bye-mail at [email protected] before the close of thecomment period.

CONTACT PERSONPlease direct any inquiries regarding this action to:Timothy M. Lockwood, ChiefRegulation and Policy Management BranchDepartment of Corrections and RehabilitationP.O. Box 942883, Sacramento, CA 94283-0001Telephone (916) 358-1655In the event the contact person is unavailable,

inquires should be directed to the following back-upperson:

Cindy Sunley-HerethRegulation and Policy Management BranchTelephone (916) 358-2477Questions regarding the substance of the proposed

regulatory action should be directed to:Susan B. SummersettAdult Food Service AdministratorTelephone (916) 327-2828

LOCAL MANDATESThis action imposes no mandates on local agencies

or school districts, or a mandate which requiresreimbursement pursuant to Government Code Section17561.

FISCAL IMPACT STATEMENT• Cost or savings to any state agency: Additional

expenditures of approximately $955,615.00 in the


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current State Fiscal Year. A BCP has already beenapproved by the Department of Finance for theseprogram expenditures for the current State FiscalYear (FY 05/06).

• Other non-discretionary cost or savings imposed onlocal agencies: None

• Cost or savings in federal funding to the state: None

EFFECT ON HOUSING COSTSThe Department has made an initial determination

that the proposed action will have no effect on housingcosts.

COST IMPACTS ON REPRESENTATIVEPRIVATE PERSONS OR BUSINESSES

The Department is not aware of any cost impactsthat a representative, private person, or business wouldnecessarily incur in reasonable compliance with theproposed action.

SIGNIFICANT STATEWIDE ADVERSEECONOMIC IMPACT ON BUSINESS

The Department has initially determined that theproposed regulations will not have a significantstatewide adverse economic impact directly affectingbusinesses, including the ability of California busi-nesses to compete with businesses in other states.

EFFECT ON SMALL BUSINESSESThe Department has determined that the proposed

regulations may not affect small businesses. It isdetermined that this action has no significant adverseeconomic impact on small business because they arenot affected by the internal management of stateprisons.

ASSESSMENTS OF EFFECTS ON JOBAND/OR BUSINESS CREATION,ELIMINATION OR EXPANSION

The Department has determined that the proposedregulation will have no affect on the creation of new,or the elimination of existing, jobs or businesseswithin California, or affect the expansion of businessescurrently doing business in California.

CONSIDERATION OF ALTERNATIVESThe Department must determine that no reasonable

alternative considered by the Department, or that hasotherwise been identified and brought to the attentionof the Department, would be more effective incarrying out the purpose for which the action isproposed or would be as effective and less burden-some to affected private persons than the proposedregulatory action.

AVAILABILITY OF PROPOSED TEXT ANDINITIAL STATEMENT OF REASONS

The Department has prepared and will makeavailable, the text and the Initial Statement of Reasons(ISOR) of the proposed regulations. The rulemakingfile for this regulatory action, which contains thoseitems and all information on which the proposal isbased (i.e., rulemaking file) is available to the publicupon request directed to the Department’s contactperson. The proposed text, ISOR, and Notice ofProposed Action will also be made available on theDepartment’s website http://www.cdcr.ca.gov.


Following its preparation, a copy of the FinalStatement of Reasons may be obtained from theDepartment’s contact person.

AVAILABILITY OF CHANGESTO PROPOSED TEXT

After considering all timely and relevant commentsreceived, the Department may adopt the proposedregulations substantially as described in this Notice. Ifthe Department makes modifications which aresufficiently related to the originally proposed text, itwill make the modified text (with the changes clearlyindicated) available to the public for at least 15 daysbefore the Department adopts the regulations asrevised. Requests for copies of any modified regula-tion text should be directed to the contact personindicated in this Notice. The Department will acceptwritten comments on the modified regulations for15 days after the date on which they are madeavailable.


On May 10, 2005, Legislation (Senate Bill 737) wassigned into law and effective on July 1, 2005, theYouth and Adult Correctional Agency, which consistedof the California Department of Corrections (CDC),the California Youth Authority (CYA), the Board ofPrison Terms, the Board of Corrections, the YouthAuthority Board, and the Narcotic Addict EvaluationAuthority was abolished and reorganized into theDepartment of Corrections and Rehabilitation.

Government Code (GC) Section 12838(a) createsthe CDCR, headed by a secretary.

GC Section 12838.5 vests to the CDCR, all thepowers, functions, duties, responsibilities, obligations,liabilities, and jurisdiction of the abolished entities:CYA, CDC, Department of the Youth Authority,Commission on Correctional Peace Officer Standardsand Training, Board of Corrections, and State Com-


1451

mission on Juvenile Justice, Crime and DelinquencyPrevention. The abolished entities are known as‘‘predecessor entities.’’

GC Section 12838.8 authorizes that all regulationsadopted by the predecessor entities, continuing enti-ties, and any of their predecessors are expresslycontinued in force, and any statue, law, rule, orregulation now in force or that may hereafter beenacted or adopted with reference to the predecessorentities and any of their predecessors shall mean theCDCR.

Penal Code (PC) Section 5000 provides thatcommencing July 1, 2005, any reference to theDepartment of Corrections, in this or any code, refersto the CDCR, Division of Adult Operations.

Penal Code (PC) Section 5050 provides thatcommencing July 1, 2005, any reference to theDirector of Corrections, in this or any other code,refers to the Secretary of the CDCR. As of that date,the office of the Director of Corrections is abolished.

PC Section 5054 provides that the supervision,management, and control of the State prisons, and theresponsibility for the care, custody, treatment, training,discipline, and employment of persons confinedtherein are vested in the director. Commencing July 1,2005, the supervision, management, and control of thestate prisons, and the responsibility for the care,custody, treatment, training, discipline, and employ-ment of persons confined therein are vested in theSecretary of the CDCR.

PC Section 5055 provides that all powers and dutiesgranted to and imposed upon the Department ofCorrections shall be exercised by the Director ofCorrections, except where such powers and duties areexpressly vested by law in the Board of Prison Terms.Commencing July 1, 2005, all powers and dutiespreviously granted to and imposed upon the Depart-ment of Corrections shall be exercised by theSecretary of the CDCR, except where those powersand duties are expressly vested by law in the Board ofParole Hearings.

PC Section 5058 authorizes the Director to pre-scribe and amend regulations for the administration ofprisons.

This action will incorporate into the CCR, Title 15,adopted, amended, renumbered, and repealed provi-sions concerning Food Service.

These proposed regulations are necessary in order toestablish regulations specifically related to the FoodService Programs, and to update language concerningreligious diets. Also, new Forms for the religious dietprograms have been included in the rulemakingprocess.

The amended regulations will:• Clarify the definition of religious diets and their

availability to inmates.

• Establish a religious diet agreement between theDepartment and Inmates, and criteria for InstitutionChaplains for oversight of religious diet programs.

• Provide the criteria for inmate participation in thereligious diet programs.

• Establish the statewide menu plans for HeartHealthy, Jewish Kosher, and Vegetarian diet pro-grams and processes pertaining to those programs.

• Amend regulatory language to accommodate reli-gious observances, pork-free protein alternatives,Institution Chaplain’s roles, religious event proc-esses, religious diet training, religious meals,outside guests’ attendance and charges per meal.

• Updates Food Service Health and Safety Standardsrequired by the California Uniform Retail FoodFacilities Law (CURFFL).

TITLE 15. DEPARTMENT OFCORRECTIONS ANDREHABILITATION

California Code of RegulationsTitle 15, Crime Prevention and Corrections

NOTICE IS HEREBY GIVEN that the Secretary ofthe Department of Corrections and Rehabilitation(CDCR), pursuant to the authority granted by Govern-ment Code Section 12838.5 and Penal Code (PC)Section 5055, and the rulemaking authority granted byPC Section 5058, in order to implement, interpret andmake specific PC Section 5054, proposes to amendSections 3040.1, 3341.5, 3375, 3375.3, and 3378 inthe California Code of Regulations (CCR), Title 15concerning gang management validation.

PUBLIC HEARINGDate and Time: November 30, 2005

9:00 am to 11:00 amPlace: Water Resources Auditorium

1416 Ninth StreetSacramento, CA 95814

Purpose: To receive comments about thisaction.

PUBLIC COMMENT PERIODThe public comment period will close Novem-

ber 30, 2005 at 5:00 pm. Any person may submitpublic comments in writing (by mail, by fax or bye-mail) regarding the proposed changes. To beconsidered by the Department, comments must besubmitted to the Department of Corrections andRehabilitation, Regulation and Policy ManagementBranch, P.O. Box 942883, Sacramento, CA 94283-0001; by fax at (916)358-2636; or by e-mail [email protected] before the close of the commentperiod.


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CONTACT PERSONPlease direct any inquiries regarding this action to:Timothy M. Lockwood, ChiefRegulation and Policy Management BranchDepartment of Corrections and RehabilitationP.O. Box 942883, Sacramento, CA 94283-0001Telephone (916) 358-1655In the event the contact person is unavailable,

inquires should be directed to the following back-upperson:

Ann CunninghamRegulation and Policy Management BranchTelephone (916) 358-1655Questions regarding the substance of the proposed

regulatory action should be directed to:Everett FischerLaw Enforcement and Investigations UnitTelephone (916) 327-3268

LOCAL MANDATESThis action imposes no mandates on local

agencies or school districts, or a mandate whichrequires reimbursement pursuant to Government CodeSection 17561.

FISCAL IMPACT STATEMENT

• Cost or savings to any state agency: None

• Other non-discretionary cost or savings imposed onlocal agencies: None

• Cost or savings in federal funding to the state: None

EFFECT ON HOUSING COSTSThe Department has made an initial determination

that the proposed action will have no significant effecton housing costs.

COST IMPACTS ON REPRESENTATIVEPRIVATE PERSONS OR BUSINESSES

The Department is not aware of any cost impactsthat a representative private person or business wouldnecessarily incur in reasonable compliance with theproposed action.

SIGNIFICANT STATEWIDE ADVERSEECONOMIC IMPACT ON BUSINESS

The Department has initially determined that theproposed regulations will not have a significantstatewide adverse economic impact directly affectingbusinesses, including the ability of California busi-nesses to compete with businesses in other states.

EFFECT ON SMALL BUSINESSESThe Department has determined that the proposed

regulations may not affect small businesses. It isdetermined that this action has no significant adverse

economic impact on small business, because they arenot affected by the internal management of stateprisons.

ASSESSMENTS OF EFFECTS ON JOBAND/OR BUSINESS CREATION,ELIMINATION OR EXPANSION

The Department has determined that the proposedregulation will have no affect on the creation of new orthe elimination of existing jobs or businesses withinCalifornia, or affect the expansion of businessescurrently doing business in California.

CONSIDERATION OF ALTERNATIVESThe Department must determine that no reasonable

alternative considered by the Department, or that hasotherwise been identified and brought to the attentionof the Department, would be more effective incarrying out the purpose for which the action isproposed or would be as effective and less burden-some to affected private persons than the proposedregulatory action.

AVAILABILITY OF PROPOSED TEXT ANDINITIAL STATEMENT OF REASONS

The Department has prepared and will makeavailable the text and the Initial Statement of Reasons(ISOR) of the proposed regulations. The rulemakingfile for this regulatory action, which contains thoseitems and all information on which the proposal isbased (i.e., rulemaking file) is available to the publicupon request directed to the Department’s contactperson. The proposed text, ISOR, and Notice ofProposed Action will also be made available on theDepartment’s website http://www.cdcr.ca.gov.


Following its preparation, a copy of the finalstatement of reasons may be obtained from theDepartment’s contact person.

AVAILABILITY OF CHANGESTO PROPOSED TEXT

After considering all timely and relevant commentsreceived, the Department may adopt the proposedregulations substantially as described in this notice. Ifthe Department makes modifications which aresufficiently related to the originally proposed text, itwill make the modified text (with the changes clearlyindicated) available to the public for at least 15 daysbefore the Department adopts the regulations asrevised. Requests for copies of any modified regula-tion text should be directed to the contact personindicated in this notice. The Department will acceptwritten comments on the modified regulations for15 days after the date on which they are madeavailable.


1453


On May 10, 2005, Legislation (Senate Bill 737) wassigned into law and effective on July 1, 2005, theYouth and Adult Correctional Agency, which consistedof the California Department of Corrections (CDC),the California Youth Authority (CYA), the Board ofPrison Terms, the Board of Corrections, the YouthAuthority Board, and the Narcotic Addict EvaluationAuthority was abolished, and reorganized into theDepartment of Corrections and Rehabilitation.

Government Code (GC) Section 12838(a) createsthe Department of Corrections and Rehabilitation(CDCR), headed by a secretary.GC Section 12838.5vests to the CDCR, all the powers, functions, duties,responsibilities, obligations, liabilities, and jurisdic-tion of the abolished entities: CYA, CDC, Departmentof the Youth Authority, Commission on CorrectionalPeace Officer Standards and Training, Board ofCorrections, and State Commission on JuvenileJustice, Crime and Delinquency Prevention. Theabolished entities are known as ‘‘predecessor enti-ties.’’

GC Section 12838.8 authorizes that all regulationsadopted by the predecessor entities, continuing enti-ties, and any of their predecessors are expresslycontinued in force, and any statue, law, rule, orregulation now in force or that may hereafter beenacted or adopted with reference to the predecessorentities and any of their predecessors shall mean theCDCR.

Penal Code (PC) Section 5000 provides thatcommencing July 1, 2005, any reference to theDepartment of Corrections in this or any code refers tothe CDCR, Division of Adult Operations.Penal Code(PC) Section 5050 provides that commencing July 1,2005, any reference to the Director of Corrections inthis or any other code refers to the Secretary of theCDCR. As of that date, the office of the Director ofCorrections is abolished.

PC Section 5054 provides that the supervision,management and control of the State prisons, and theresponsibility for the care, custody, treatment, training,discipline and employment of persons confined thereinare vested in the director. Commencing July 1, 2005,the supervision, management and control of the stateprisons, and the responsibility for the care, custody,treatment, training, discipline and employment ofpersons confined therein are vested in the Secretary ofthe CDCR.

PC Section 5055 provides that all powers and dutiesgranted to and imposed upon the Department ofCorrections shall be exercised by the Director ofCorrections, except where such powers and duties areexpressly vested by law in the Board of Prison Terms.Commencing July 1, 2005, all powers and duties

previously granted to and imposed upon the Depart-ment of Corrections shall be exercised by theSecretary of the CDCR, except where those powersand duties are expressly vested by law in the Board ofParole Hearings.

PC Section 5058 authorizes the Director to pre-scribe and amend regulations for the administration ofprisons.• The Department certifies that gang activity under-

mines the safety and security of the institution. Thegang validation and debriefing process is necessaryin order to decrease the risk that prison gangs poseto the safety and security of the institutions.

• This language provides the inmate and staff withclear and concise language regarding prison gangvalidation. This action includes language that statesthat a gang member or associate who is validated asa dropout of a prison gang may be removed from thegeneral population or any other placement basedupon a reliable source item identifying the inmate asan active gang member or associate of the prisongang with which the inmate was previouslyvalidated.

• The verification methods now requires staff toarticulate the basis for determining the content ofvisual or audible observations or conduct at issuewhich indicate gang activity; to articulate why,based on either the explicit or coded content of anymaterial or documents, including addresses, andnames, evidencing gang activity that the writtenmaterial is reliable evidence of association ormembership with the gang; and to documentinformation gathered in a written form.

• Changes for enhanced clarity, including reference,grammatical corrections, and changes in punctua-tion are also made to meet departmental standards.

GENERAL PUBLIC INTEREST

AIR RESOURCES BOARD

NOTICE OF INDEFINITE POSTPONEMENTOF RULEMAKING ACTION

NOTICE OF PUBLIC HEARING TO CONSIDERADOPTION OF EMISSION STANDARDS AND

TEST PROCEDURES FOR NEW 2007 ANDLATER OFF-ROAD LARGE SPARK-IGNITION(LSI) ENGINES AND FLEET REQUIREMENTS

FOR USERS OF OFF-ROAD LSI ENGINESThe Air Resources Board (the Board or ARB)

announced in a previous notice that the adoption ofnew emission standards for 2007 and later off-road


1454

large spark-ignition (LSI) engines, requirements forfleet users of such equipment and verification proce-dures for retrofit control systems would be consideredat the October 20, 2005, Board hearing, followinginitial consideration at a June 23, 2005, hearing.

PLEASE BE ADVISED that the hearing on thismatter has been postponed until further notice. TheARB will send an additional hearing notice stating thenew date and location, once determined.

DEPARTMENT OF FAIREMPLOYMENT AND HOUSING

NOTICE IS HEREBY GIVEN that the prospectivecontractors listed below have been required to submita Nondiscrimination Program (NDP) or a CaliforniaEmployer Identification Report (CEIR) to the Depart-ment of Fair Employment and Housing, in accordancewith the provisions of Government Code Section12990. No such program or (CEIR) has beensubmitted and the prospective contractors are ineli-gible to enter into State contracts. The prospectivecontractor’s signature on Standard Form 17A, 17B,or 19, therefore, does not constitute a valid self-certification. Until further notice, each of theseprospective contracts in order to submit a responsivebid must present evidence that its NondiscriminationProgram has been certified by the Department.

ASIX Communications, Inc.DBA ASI Telesystems, Inc.21150 Califa StreetWoodland Hills, CA 91367

Bay Recycling800 77th AvenueOakland, CA 94621

C & C Disposal ServiceP. O. Box 234Rocklin, CA 95677

Choi Engineering Corp.286 Greenhouse

Marketplace, Suite 329San Leandro, CA 94579

Fries Landscaping25421 CloughEscalon, CA 95320

Marinda Moving, Inc.8010 Betty Lou DriveSacramento, CA 95828

MI-LOR CorporationP. O. Box 60Leominster, MA 01453

Peoples Ridesharing323 Fremont StreetSan Francisco, CA 94105

San Diego Physicians &Surgeons Hospital

446 26th StreetSan Diego, CA

Southern CA Chemicals8851 Dice RoadSanta Fe Springs, CA 90670

Tanemura and Antle Co.1400 Schilling PlaceSalinas, CA 93912

Turtle Building Maintenance Co.8132 Darien CircleSacramento, CA 95828

Univ Research Foundation8422 La Jolla Shore Dr.La Jolla, CA 92037

Vandergoot Equipment Co.P. O. Box 925Middletown, CA 95461

DEPARTMENT OF TOXICSUBSTANCES CONTROL

To All Interested Parties:The Department of Toxic Substances Control

(DTSC) will conduct a public workshop to solicitinput on:

Financial Assurance and the Postclosure PeriodThe workshop will be held at the following time

and place:Date: October 17, 2005Time: 9:00–4:30Location: Sierra Hearing Room

Joe Serna Jr. Cal/EPAHeadquarters Building

1001 I Street, 2nd FloorSacramento, California 95812

Note: Visitors must check in with security uponentering the Cal/EPA building.

DTSC representatives will summarize the issues.After the short presentation, DTSC will solicitcomments and suggestions from workshop attendees.Below is a brief background on the issues. DTSCanticipates the need to hold additional focusedworkshops on the three topics identified in thisannouncement. If you are unable to attend, theworkshop may be monitored live via audio webcast.The broadcast link will be available on the Cal/EPAwebsite at: http://www.calepa.ca.gov/broadcast/.Questions and comments may be submitted in real


1455

time by sending an e-mail to: [email protected] staff will monitor e-mails and, as time allows,read them aloud. All questions and comments submit-ted via e-mail will be considered in DTSC’s futureactions.

*** This e-mail address is valid only for theduration of the workshop; all other correspondenceshould be made in accordance with the contactinformation listed at the end of this notice.

Travel information is available at http://www.calepa.ca.gov/EPAbldg/Location.htm. To re-quest special accommodations for persons withdisabilities, please contact Barry Carr at (916) 323-6044 or [email protected].

Notice to Hearing Impaired: to obtain additionalinformation, use the California State Relay Service at1-888-877-5378 (TDD). Ask them to contactBarry Carr at (916) 323-6044.

ISSUESThe Department of Toxic Substances Control

(DTSC) has the primary oversight over the regulationof hazardous waste in California, including hazardouswaste facilities and their financial assurance mecha-nisms for closure, postclosure, corrective action, andliability. Title 22, California Code of Regulationsallows hazardous waste facilities to provide forfinancial assurance with the use of a variety ofmechanisms including: trust funds, surety bonds,letters of credit, insurance policies, financial test andcorporate guarantees. Recent events (including insta-bility in financial markets, problems with corporateaccounting practices, bankruptcy issues with a majorutility company, and the recent action by DTSC to takeover operational control of a landfill in closure) havecaused DTSC to reevaluate the stability and security ofthe existing financial assurance mechanisms used forhazardous waste facilities.

Certain hazardous waste facilities (for example,hazardous waste landfills) are required by Title 22,California Code of Regulations to monitor and care forthe facility for 30 years after the completion of closure(postclosure). Some closed facilities may require morethan 30 years of postclosure monitoring and care(postclosure period). Although Title 22, CaliforniaCode of Regulations allows DTSC to extend thepostclosure period on a site specific basis, DTSC isevaluating revision of the regulations to extend the 30year postclosure period requirement or other alterna-tives that would provide equivalent postclosure care.

DTSC has a strong commitment to public involve-ment. As part of the reevaluation process, DTSC isholding a workshop with the public, the regulatedcommunity and other interest groups regarding the useand security of financial assurance and extension ofthe postclosure period. DTSC is soliciting discussion

among interested parties regarding the issues offinancial assurance and the postclosure period. Spe-cific topics that DTSC would like to discuss during theworkshop are:

Extension of the 30 year postclosure periodSome areas for discussion:

1. Validity of the 30 year postclosure period.

2. The purpose of the postclosure period

3. Criteria used to establish postclosure activities

4. Available financial assurance mechanisms forperiods greater than 30 years

The use of the financial test and corporateguarantee

Some areas for discussion:

1. The origin of the financial test and corporateguarantee.

2. What assurance does the financial test andcorporate guarantee provide?

3. Basis for the elements of the financial test. Arethey still valid?

4. ‘‘Negative Assurance’’ language. What ‘‘value’’does it provide to the financial test?

The use of captive insurance

Some areas for discussion:

1. Does captive insurance provide the same level ofassurance as third party insurance?

2. Should the use of captive insurance be allowed?

3. What assurance is provided by the licensingprocess for captive insurers in Vermont and otherstates? Would additional benefit be provided byrequiring captive insurers to be licensed inCalifornia?

4. Should the use of captive insurance be limited tocertain types of assurance? For example, liabilityonly.

DTSC’s website contains discussion papers on thetopics mentioned above. It is anticipated that theworkshops will follow the discussion outlined in thesepapers. Go to our Web site at www.dtsc.ca.gov andclick on the ‘‘Laws, Regs & Policies’’ link. Locate the‘‘Regulation Concepts’’ table under the ‘‘DTSCRulemaking’’ section and click on the ‘‘FinancialAssurance’’ link to view the discussion papers.

Participants are encouraged to download andreview these papers prior to the workshop.Interested parties may also subscribe to an email list(listserv) in order to receive notices and informationbyemail. Subscription may be made at: http://www.calepa.ca.gov/Listservs/dtsc/.


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DECISION NOT TO PROCEED

DEPARTMENT OF CONSERVATION

NOTICE OF DECISION NOT TO PROCEEDWITH RULEMAKING ACTION IN THE

CALIFORNIA CODE OF REGULATIONS,TITLE 14, SECTIONS 2500 and 2535,

RECYCLING CENTERSPursuant to Government Code Section 11347,

NOTICE IS HEREBY GIVEN that the CaliforniaDepartment of Conservation has decided not toproceed with the proposed amendments to sections2500 and 2535 of Title 14, Article 1, Chapter 5,Division 2, of the California Code of Regulations,regarding Payment by Count Signage Requirements.

The notice of proposal to amend sections 2500 and2535 was published July 1, 2005, in the CaliforniaRegulatory Notice Register, Notice File No. Z-05-0614-13.

SUMMARY OF REGULATORYACTIONS

REGULATIONS FILED WITHSECRETARY OF STATE

This Summary of Regulatory Actions lists regula-tions filed with the Secretary of State on the datesindicated. Copies of the regulations may be obtainedby contacting the agency or from the Secretary ofState, Archives, 1020 O Street, Sacramento, CA,95814, (916) 653-7715. Please have the agency nameand the date filed (see below) when making a request.

CALIFORNIA INTEGRATED WASTEMANAGEMENT BOARDWaste Tire Hauler Registration and ManifestingRequirements

This regulatory action revises waste tire haulerregistration and manifesting regulations pertaining toretreaders.

Title 23California Code of RegulationsADOPT: 18456.2.1, 18460.2.1, Forms CIWMB 173(4/04), 180(3/04) AMEND: 18449, 18450, 18451,18456, 18459, 18459.2.1, 18459.3, 18461, 18462Filed 09/22/05Effective 09/22/05Agency Contact: Wendy Breckon (916) 341-6068

CALIFORNIA INTEGRATED WASTEMANAGEMENT BOARDRevised Adjustment Method and Disposal ReportingSystem Regulations

This regulatory action revises the standards foroperators of disposal facilities to submit to countiesinformation on tons of solid waste disposed at eachfacility from each jurisdiction of origin.

Title 23California Code of RegulationsADOPT: 18801.1, 18808.1, 18808.2, 18808.3,18808.4, 18808.5, 18808.6, 18808.7, 18808.8,18808.9, 18808.10, 18808.11, 18809.1, 18809.2,18809.3, 18809.4, 18809.5, 18809.6, 18809.7,18809.8, 18809.9, 18809.10, 18809.11, 18810.1,18810.2, 18810.3, 18810.4,Filed 09/21/05Effective 01/01/06Agency Contact: Elliot Block (916) 255-2821

DEPARTMENT OF CORPORATIONSEntity Conversion Transactions

In this regulatory action, the Department ofCorporations amends a regulation under the CorporateSecurities Law of 1968 pertaining to the ‘‘Applicationfor Qualification of Recapitalizations and Reorganiza-tions.’’

Title 10California Code of RegulationsAMEND: 260.121Filed 09/28/05Effective 10/28/05Agency Contact: Kathy Womack (916) 322-3553

DEPARTMENT OF FOOD AND AGRICULTUREDiaprepes Abbreviatus Eradication Area

This emergency regulatory action will establishOrange County as an eradication area for Diaprepesabbreviatus (West Indian sugarcane root borer orDiaprepes root beetle).

Title 3California Code of RegulationsADOPT: 3591.19Filed 09/28/05Effective 09/28/05Agency Contact: Stephen Brown (916) 654-1017

DEPARTMENT OF FOOD AND AGRICULTUREOak Mortality Disease Control Program

In this emergency regulatory action, the Departmentof Food and Agriculture amends its regulationpertaining to the ‘‘Oak Mortality Disease ControlProgram’’ to add eight (8) additional plants to the listof plants and plant parts restricted by the regulation.

Title 3California Code of RegulationsAMEND: 3700(c)


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Filed 09/27/05Effective 09/27/05Agency Contact: Stephen Brown (916) 654-1017

DEPARTMENT OF HOUSING ANDCOMMUNITY DEVELOPMENTEnterprise Zone Program

This is the certification of compliance for anemergency rulemaking action that set the fee to bepaid by an enterprise zone based upon its review of theapplication of an employer hiring an employee in anenterprise zone while seeking a tax credit based uponthe hardship status of that employee and a certificateconfirming such eligibility.

Title 25California Code of RegulationsADOPT: 8430, 8431, 8432, 8433, 8434Filed 09/27/05Effective 09/27/05Agency Contact: Lenora Frazier (916) 323-4475

DEPARTMENT OF INSURANCERegistered Domestic Partners Portfolio ofEndorsements and Forms

This regulatory action is to revise the CaliforniaAutomobile Assigned Risk Plan-Plan of Operations,Portfolio of Endorsements and Forms to reflect themandates of Insurance Code § 381.5 as part of theCalifornia Insurance Equality Act. The Act requiresevery policy to provide coverage for a registereddomestic partner of the insured that is equal to, andsubject to the same terms and conditions as thecoverage provided to a spouse of an insured.

Title 10California Code of RegulationsAMEND: 2498.4.9Filed 09/28/05Effective 10/28/05Agency Contact: Mike Riordan (415) 538-4226

DIVISION OF WORKERS COMPENSATIONWorkers’ Compensation—Utilization Review

Labor Code section 5307.27 provides that on orbefore December 1, 2004, the Administrative Director,in consultation with the Commission on Health andSafety and Workers’ Compensation, shall adopt, afterpublic hearings, a medical treatment utilization sched-ule. The utilization schedule shall address, at aminimum, the frequency, duration, intensity, andappropriateness of all treatment procedures andmodalities commonly performed in workers’ compen-sation cases. This regulatory filing is the certificate ofcompliance for an emergency regulatory action whichclarified the timeframes involved in the utilizationreview process, set forth the procedures and noticecontent requirements necessary to facilitate expedited

communication between treating physicians and pro-viders, and clarified the dispute resolution process.

Title 8California Code of RegulationsADOPT: 9792.6, 9792.7, 9792.8, 9792.9, 9792.10REPEAL: 9792.11Filed 09/22/05Effective 09/22/05Agency Contact: Minerva Krohn (415) 703-4667

EMPLOYMENT DEVELOPMENT DEPARTMENTConflict of Interest Code

The Employment Development Department isamending its conflict of interest code found at title 22,section 311-1, California Code of Regulations. TheFair Political Practices Commission approved thechanges for filing on August 2, 2005.

Title 22California Code of RegulationsAMEND: 311-1Filed 09/27/05Effective 10/27/05Agency Contact: Laura Colozzi (916) 654-7712

EMPLOYMENT TRAINING PANELStandards for Consideration of Training Proposals

The Employment Training Panel (Panel) providesfunds for training the California workforce in the skillsnecessary for California businesses to remain viableand compete in both the national and global econo-mies, while providing workers with good wages andsecure employment. This regulatory action makes awide range of changes to provisions concerning thestandards for consideration of training proposals.

Title 22California Code of RegulationsADOPT: 4400(jj), 4403.1, 4446.5 AMEND:4400(I), 4403, 4412.1, 4415, 4417Filed 09/27/05Effective 09/27/05Agency Contact:

Margie Miramontes (916) 327-5470

ENVIRONMENTAL PROTECTION AGENCYUnified Program Single Fee System for StateAgencies

This emergency action defines terms and establishesa mechanism for the setting of fees payable by aregulated business to any state agency acting as theCertified Uniform Program Agency in a county wereno local agency has been certified to serve in thatcapacity.

Title 27California Code of RegulationsADOPT: 15241, 15242


1458

Filed 09/26/05Effective 09/26/05Agency Contact: (916) 341-6318

STATE LANDS COMMISSIONBallast Water Regulations for Vessels Arriving AtCalifornia Ports or Places Within the Pacific CoastRegion

This action adopts regulations governing ballastwater management practices on vessels arriving atCalifornia ports after departing from ports within thePacific Coast Region. This action implements themandate of Public Resources Code section 71204.5.

Title 2California Code of RegulationsADOPT: 2280, 2281, 2282, 2283, 2284Filed 09/23/05Effective 03/02/06Agency Contact:

Livin D. Prabhu (562) 499-6312

CCR CHANGES FILED WITH THESECRETARY OF STATEWITHIN MAY 4, 2005 TO

SEPTEMBER 28, 2005All regulatory actions filed by OAL during this

period are listed below by California Code ofRegulation’s titles, then by date filed with theSecretary of State, with the Manual of Policies andProcedures changes adopted by the Department ofSocial Services listed last. For further information ona particular file, contact the person listed in theSummary of Regulatory Actions section of the NoticeRegister published on the first Friday more than ninedays after the date filed.

Title 209/23/05 ADOPT: 2280, 2281, 2282, 2283, 228409/15/05 AMEND: Div. 8, Ch. 71, Sec. 5600009/13/05 AMEND: 1873009/07/05 AMEND: Div. 8, Ch. 99, Sec. 5880009/06/05 ADOPT: 1183.12, 1183.13, 1183.14

AMEND: 1181, 1181.1, 1181.2, 1181.3,1183, 1183.01, 1183.02, 1183.03,1183.04, 1183.05, 1183.06, 1183.07,1183.08, 1183.1, 1183.11, 1183.12,1183.2, 1183.21, 1183.3, 1187, 1187.2,1187.3, 1187.4, 1188.1, 1188.3, 1188.4,

08/29/05 AMEND: Div. 8, Ch. 6, Sec. 2700008/15/05 AMEND: 5100008/09/05 ADOPT: 5952008/04/05 AMEND: 227107/27/05 ADOPT: Div. 8, Ch. 23, Sec. 44000

07/20/05 ADOPT: 18530.707/20/05 AMEND: 1857007/18/05 AMEND: 1845207/18/05 AMEND: 5540007/06/05 AMEND: 7286.006/24/05 AMEND: 599.502, 599.50606/21/05 AMEND: 18705.506/16/05 AMEND: Div. 8, Ch. 4, section 2500106/14/05 ADOPT: 18750.2, 18755 AMEND:

18702.405/31/05 ADOPT: 1859.300, 1859.301, 1859.302,

1859.310, 1859.311, 1859.312, 1859.313,1859.314, 1859.315, 1859.316, 1859.317,1859.318, 1859.319, 1859.320, 1859.321,1859.322, 1859.323, 1859.323.1,1859.323.2, 1859.324, 1859.325,1859.326, 1859.327, 1859.328, 185

05/27/05 AMEND: 1859.205/27/05 AMEND: 2010705/26/05 ADOPT: 18465.105/26/05 AMEND: 1859.2, 1859.81, 186605/24/05 ADOPT: 1859.23 AMEND: 1859.2,

1859.122, 1859.123, 1859.123.105/12/05 ADOPT: 1859.71.4, 1859.78.1 AMEND:

1859.2, 1859.73.2, 1859.79.2, 1859.82,1859.83, 1859.125, 1859.125.1,1859.145, 1859.163.1, 1859.164.2

Title 309/28/05 ADOPT: 3591.1909/27/05 AMEND: 3700(c)09/16/05 ADOPT: 58108/12/05 AMEND: 3700(c)08/08/05 ADOPT: 1811, 1812, 1850 AMEND:

1804, 1806, 1808, 1831, 1930, 1931,1932, 1940, 1941, 1942, 1943, 1944,1945, 1946, 1950 REPEAL: 1809, 1810,1851, 1851.1, 1870.1, 1870.2, 1871,1872, 1873, 1951, 1960, 1961

07/21/05 AMEND: 640007/11/05 AMEND: 3423(b)07/01/05 AMEND: 2311(b)06/27/05 ADOPT: 3591.1806/22/05 AMEND: 3430(b)06/09/05 ADOPT: 370006/03/05 ADOPT: 396305/23/05 AMEND: 3636(a)(c)05/16/05 AMEND: 638805/09/05 ADOPT: 1392.2(t), 1392.4(h), 1392.4(i),

1392.4(j), 1392.9(c), 1392.9(d),

Title 409/13/05 ADOPT: 1843.609/12/05 AMEND: 414008/24/05 AMEND: 1663


1459

08/17/05 AMEND: 1976.908/08/05 AMEND: 188706/27/05 ADOPT: 10175, 10176, 10177, 10178,

10179, 10180, 10181, 10182, 10183,10184, 10185, 10186, 10187, 10188,10189, 10190, 10191

05/26/05 ADOPT: 7030, 7031, 7032, 7033, 7034,7035, 7036, 7037, 7038, 7039, 7040,7041, 7042, 7043, 7044, 7045, 7046,7047, 7048, 7049, 7050

Title 509/01/05 REPEAL: 163008/22/05 AMEND: 850, 851, 852, 853, 853.5, 854,

855, 857, 858, 859, 861, 862, 863, 864,864.5, 865, 866, 867, 867.5, 868870

08/16/05 ADOPT: 1207.5 AMEND: 1200, 1203,1204.5, 1206, 1207, 1209, 1210, 1211,1211.5, 1215, 1215.5, 1216, 1217, 1225

08/01/05 ADOPT: 15140, 1514107/28/05 ADOPT: 1030.5, 1030.6, 1030.7, 1030.807/12/05 AMEND: 2200006/23/05 ADOPT: 11992, 11993, 1199406/22/05 ADOPT: 11967.6, 11967.7, 11967.8

AMEND: 11967, 11968, 1196906/20/05 ADOPT: 19817.1, 19826.1, 19828.1,

19837 AMEND: 19813, 19814, 19814.1,19817, 19826, 19828

06/09/05 ADOPT: 11511.6, 11516.6, 11516.7,11517.5 AMEND: 11510, 11511,11515.5, 11512, 11512.5, 11513, 11513.5,11514, 11516, 11516.5, 11517

06/08/05 ADOPT: 17101 AMEND: 953106/01/05 AMEND: 41500, 41503, 41504, 4150505/26/05 AMEND: 3006005/26/05 AMEND: 8041305/06/05 ADOPT: 3075.1, 13075.2, 13075.3,

13075.4 AMEND: 1307505/06/05 ADOPT: 19850, 19851, 19852, 19853,

19854 AMEND: 19813, 19814, 19814.105/06/05 ADOPT: 18092.5 AMEND: 18066,

18069, 18078, 18081, 18083, 18084,18092, 18103, 18106, 18109, 18110

05/06/05 ADOPT: 18220.2, 18224.2, 18224.4,1840.5, 18249 AMEND: 18220, 18240,18248

05/05/05 ADOPT: 80021, 80021.1Title 8

09/22/05 ADOPT: 9792.6, 9792.7, 9792.8, 9792.9,9792.10 REPEAL: 9792.11

09/09/05 ADOPT: 9767.1, 9767.2, 9767.3, 9767.4,9767.5, 9767.6, 9767.7, 9767.8, 9767.9,9767.10, 9767.11, 9767.12, 9767.13,9767.14, 9767.15

08/25/05 AMEND: 6184

08/22/05 ADOPT: 339508/10/05 AMEND: 861508/09/05 AMEND: 625108/02/05 AMEND: 77008/02/05 ADOPT: 5022.1 AMEND: 496807/28/05 AMEND: 1529, 1535, 5190, 5210, and

835806/28/05 AMEND: 3541, 3542, 3543, 3544, 3545,

3546, 3548, 354906/20/05 ADOPT: 9767.1, 9767.2, 9767.3, 9767.4,

9767.5, 9767.6, 9767.7, 9767.8, 9767.9,9767.10, 9767.11, 9767.12, 9767.13,9767.14

06/20/05 AMEND: 3649, 3651(a)06/15/05 AMEND: 1670(b)(11)(B)06/10/05 ADOPT: 9768.1, 9768.2, 9768.3, 9768.4,

9768.5, 9768.6, 9768.7, 9768.8, 9768.9,9768.10, 9768.11, 9768.12, 9768.13,9768.14, 9768.15, 9768.16, 9768.17

06/10/05 ADOPT: 9785.4, 9805.1 AMEND: 9725,9726, 9727, 9785, 9785.2, 9785.3, 9805,10150, 10152, 10156, 10158, 10160,10161, 10163, 10165.5 REPEAL: 10151,10154

06/06/05 ADOPT: 10133.50, 10133.51, 10133.52,10133.53, 10133.54, 10133.55, 10133.56,10133.57, 10133.58, 10133.59, 10133.60

05/31/05 ADOPT: 32032, 32033, 32034, 32035,32606, 32607, 32608, 32609, 81000,81005, 81010, 81020, 81030, 81040,81050, 81055, 81060, 81065, 81070,81075, 81080, 81090, 81100, 81105,81110, 81115, 81120, 81125, 81130,81135, 81140, 81145, 81150, 81155,81160,

05/24/05 AMEND: 399905/12/05 AMEND: 9789.11

Title 1009/28/05 AMEND: 260.12109/28/05 AMEND: 2498.4.907/07/05 AMEND: 4010, 4011, 4013, 4016, 4018,

4019, 5000, 5001, 5002, 5003, 5005,5006, 5007, 5008, 5009, 5010, 5013,5020, 5050, 5051, 5060, 5061, 5070,5110, 5111, 5112, 5113, 5114, 5115,5116, 5117, 5118, 5119, 5260, 5261,5262, 5263, 5264, 5266, 5267, 5268,

06/30/05 AMEND: 2699.6600, 2699.680906/23/05 AMEND: 2498.606/22/05 AMEND: 260.102.1406/03/05 AMEND: 2698.61, 2698.6206/03/05 AMEND: 2698.70, 2698.71


1460

05/05/05 ADOPT: 2805, 2805.5, 2805.9, 2805.11,2806, 2807, 2807.1, 2807.2, 2807.3,2807.4, 2808, 2809, 2809.1, 2809.2,2809.3, 2809.5, 2810, 2810.5, 2811AMEND: 2814 REPEAL: 2805, 2805.1,2805.1.5, 2806, 2806.5, 2810, 2810.1,2810.2, 2810.3, 2810.4, 2810.6, 28

Title 1108/22/05 AMEND: 1001, 1002, 100708/22/05 AMEND: 1002, 1007, 1018, 1008, 101508/12/05 AMEND: 1005, 106008/01/05 AMEND: 1005, 101407/28/05 ADOPT: 720, 721, 722, 723, 724,06/24/05 AMEND: 63.206/15/05 AMEND: 105306/15/05 AMEND: 1005, 1007, 100806/13/05 ADOPT: 308, 312.1 AMEND: 300, 301,

302, 303, 304, 305, 306, 307, 310, 311,312

05/11/05 ADOPT: 61.905/09/05 ADOPT: 28.405/04/05 ADOPT: 51.2505/04/05 ADOPT: 51.2305/04/05 ADOPT: 61.805/04/05 AMEND: 51.705/04/05 AMEND: 51.2

Title 1209/19/05 ADOPT: 460, 46106/14/05 AMEND: 503(f)

Title 1309/15/05 AMEND: 1961(d)09/15/05 ADOPT: 1961.1 AMEND: 1900, 196109/12/05 AMEND: 2262, 2264.2, 2266.5(a)(6)08/24/05 AMEND: 551.2, 551.1508/18/05 AMEND: 275408/16/05 AMEND: 345.39, 345.45, 345.56, 345.7808/11/05 AMEND: 423.0008/08/05 AMEND: 218508/02/05 AMEND: 2450, 2451, 2452, 2454, 2455,

2456, 2457, 2458, 2459, 2460, 2461,2462, 2463, 2464, 2465

07/28/05 AMEND: 25.15, 25.18, 25.19, 25.21,25.22

07/27/05 AMEND: 350.2407/19/05 ADOPT: 15.0405/31/05 AMEND: 551.1, 551.6, 555, 558, 560,

561, 580, 583, 585, 586, 595, 597Title 13, 17

07/05/05 ADOPT: 2299 (Title 13), 93117 (Title 17)AMEND: 2281 (Title 13), 2282(Title 13), 2284 (Title 13)

Title 1409/20/05 AMEND: 1380008/26/05 AMEND: 7.50(b)(91.1)08/24/05 AMEND: 183 REPEAL: 188

08/23/05 AMEND: 23008/23/05 AMEND: 7.5008/08/05 ADOPT: 4970.02, 4970.03, 4970.04,

4970.05, 4970.06, 4970.07, 4970.08,4970.09, 4970.10, 4970.11, 4970.12,4970.13, 4970.14, 4970.15, 4970.16,4970.17, 4970.18, 4970.19, 4970.20,4970.21 AMEND: 4970.00, 4970.01 RE-PEAL: 4970.02, 4970.03, 4970.04,4970.05

08/05/05 ADOPT: 1052.4 AMEND: 895.1, 1052,1052.1

07/21/05 AMEND: 1841907/19/05 AMEND: 354, 360, 361, 362, 363, 478.1,

70807/13/05 AMEND: 122 REPEAL: Appendix A,

Form DFG 12206/21/05 AMEND: 895, 895.1, 1038, 1038(f)06/09/05 AMEND: 27.8006/09/05 AMEND: 78205/12/05 AMEND: 120.0105/12/05 AMEND: 180.305/11/05 AMEND: 150.0505/11/05 AMEND: 150.0305/11/05 AMEND: 180.1505/11/05 AMEND: 23105/11/05 AMEND: 60105/10/05 AMEND: 55105/10/05 AMEND: 150.0205/10/05 AMEND: 15005/05/05 AMEND: 165

Title 14, 2708/23/05 AMEND: Title 14, sections 17850(a);

17852(a)(5), (a)(11), (a)(12), (a)(13),(a)(15), (a)(16), (a)(21), )a)(22), (a)(24),(a)(36), (a)(41); 17855(a), (a)(5)(A);17855(a)(5)(B), (a)(7); 17855.4(a), (c),(d)(1), (d)(2), (d)(3); 17856(a), (c), (c)(1);17

Title 1509/13/05 ADOPT: 3480, 3480.1, 3483, 3484, 3485

AMEND: 3084.1, 3084.7, 3480, 3481,3482, 3483

08/23/05 AMEND: 302508/03/05 ADOPT: 343607/07/05 ADOPT: 3187 AMEND: 3006, 3188,

3189, 333106/27/05 REPEAL: 3999.1.706/22/05 AMEND: 2000, 2400, 240306/21/05 REPEAL: 3999.1.306/21/05 REPEAL: 3999.1.206/15/05 AMEND: 333506/08/05 ADOPT: 2251.5, 2251.6, 2251.7

AMEND: 2041, 2072, 2073, 2074 RE-PEAL: 2050, 2051, 2052, 2054, 2055,2056, 2701


1461

06/02/05 AMEND: 1006, 1010, 1018, 1020, 1021,1023, 1025, 1028, 1029, 1045, 1046,1051, 1052, 1065, 1083, 1144, 1206,1209, 1240, 1241, 1242, 1243, 1245,1246, 1247, 1248, 1262, 1265, 1267,1270, 1271 REPEAL: 1218

06/01/05 ADOPT: 4141, 4141.105/26/05 AMEND: 3287

Title 1609/20/05 AMEND: 407(c)09/09/05 AMEND: 1399.170.1109/07/05 ADOPT: 1712 AMEND: 1706.2, 1715,

1717, 1719, 1720, 1720.1, 1725, 1726,1728, 1732, 1732.05, 1732.1, 1732.2,1732.3, 1732.4, 1732.5, 1732.6, 1732.7,1745, 1749 REPEAL: 1727, 1750

09/06/05 ADOPT: 1659.30(a)(b)(c), 1659.31(a)(b),1659.32(a)(b), 1659.33, 1659.34(a)(b)(c),1659.35

09/06/05 ADOPT: 1070.408/29/05 AMEND: 404.1, 404.208/25/05 AMEND: 1399.1508/25/05 AMEND: 47308/16/05 ADOPT: 4200, 4202, 4204, 4206, 4208,

4210, 4212, 4214, 4216, 4218, 4220,4222, 4224, 4226, 4228, 4230, 4232,4234, 4236, 4240, 4242, 4244, 4246,4248, 4250, 4252, 4254, 4256, 4258,4260, 4262, 4264, 4266, 4268

07/28/05 AMEND: 1387, 1387.1, 1387.2, 1387.3,1387.5, 1387.6, 1390, 1390.3, 1391

07/27/05 AMEND: 2085.207/26/05 AMEND: 41807/22/05 AMEND: 109, 116, 11707/22/05 AMEND: 188807/21/05 ADOPT: 1070.507/18/05 ADOPT: 1399.327, 1399.350.5,

1399.352.7, 1399.372.507/12/05 AMEND: 1397.5107/06/05 ADOPT: 1922.3, 1993.1 AMEND:

1950.5, 1951, 195307/05/05 ADOPT: 1398.26.107/05/05 ADOPT: 1399.454 AMEND: 1399.450,

1399.45106/22/05 AMEND: 104105/31/05 AMEND: 415405/12/05 AMEND: 149105/10/05 ADOPT: 2293, 2294

Title 1709/12/05 ADOPT: 1029.117, 1029.134, 1031.8,

1031.9, 1032.5, 1035.3, 1035.409/07/05 REPEAL: 1411.1, 1420.1, 1420.2,

1420.3, 1420.4, 1420.5, 1422.3, 1498,1498.1, 1498.2, 1498.3, 1498.4, 1498.5,1498.6, 1498.7, 1498.8, 1498.9

08/31/05 ADOPT: 93102.508/18/05 AMEND: 9400608/01/05 ADOPT: 58800, 58810, 58811, 58812,

58820, 58821, 58822, 58830, 58831,58832, 58833, 58834, 58840, 58841,58842, 58850, 58851, 58860, 58861,58862, 58863, 58864, 58870, 58871,58872, 58873, 58874, 58875, 58876,58879, 58880, 58881, 58882 AMEND:54302,

07/22/05 ADOPT: 50243, 50245, 50247, 50249,50251, 50253, 50255, 50257, 50259,50261, 50262, 50263, 50265, 50267

07/11/05 AMEND: 5431906/30/05 AMEND: 2500, 2502, 250506/23/05 AMEND: 60201, 60202, 60205, 6021006/22/05 ADOPT: 30194.1, 30194.2 AMEND:

30100, 30145, 30145.1, 30225, 30230,30231, 30408, 30535 REPEAL: 30232

06/20/05 AMEND: 94501, 94506, 94507, 94508,94509, 94510, 94512, 94513, 94515,94526, & Test Method

05/18/05 AMEND: 50604, 50605, 54310, 54320,54326, 54332, 54335

05/12/05 ADOPT: 1029.117, 1029.134, 1031.8,1031.9, 1032.5, 1035.3, 1035.4

Title 1807/08/05 ADOPT: 4056.106/07/05 ADOPT: 1160, 1214, 1331.2, 1425, 2257,

2333, 2425, 2520, 3005, 3303, 3503,4031.1, 4905

05/05/05 AMEND: 18522, 18526, 18523, 1853005/04/05 AMEND: 6001

Title 1905/26/05 AMEND: 3.11

Title 2009/08/05 ADOPT: 2800, 2801, 2810, 2811, 2820,

2821, 2822, 2823, 2830, 2831, 2832,2833, 2834, 2835, 2836, 2840, 2841,2842

07/26/05 AMEND: 1340, 1341, 1342, 1343, 1344

Title 2109/09/05 ADOPT: 2600, 2601, 2602, 2603, 2604,

2605, 2606, 2607, 2608, 2609, 2610,2611, 2612, 2613, 2614, 2615, 2616,2617, 2618, 2619

06/03/05 ADOPT: 4059, 4060, 4062.1, 4066, 4067,4069, 4072.1 AMEND: 4050, 4052, 4055,4056, 4057, 4058, 4061, 4062, 4063,4064, 4070, 4071, 4072, 4073 REPEAL:4065


1462

Title 2209/27/05 AMEND: 311-109/27/05 ADOPT: 4400(jj), 4403.1, 4446.5

AMEND: 4400(I), 4403, 4412.1, 4415,4417

09/02/05 AMEND: 4418 REPEAL: 4419, 4442.1,4444

08/24/05 AMEND: 51510, 51510.1, 51511,51511.5, 51511.6, 51535, 51535.1,51544, 54501

08/12/05 AMEND: 1270508/12/05 AMEND: 1280508/11/05 AMEND: 97212,, 97232, and 97241.08/10/05 ADOPT: 97800, 97810, 97820, 97830,

97840, 97850, 97860, 97870, 97880,97890

07/11/05 AMEND: 7021707/06/05 ADOPT: 72516, 7351806/30/05 AMEND: 9041706/02/05 ADOPT: 51000.10.1, 51000.15.1,

51000.20.9, 51000.31, 51000.51,51000.52, 51000.53, 51000.60 AMEND:51000.1, 51000.1.1, 51000.3, 51000.4,51000.6, 51000.7, 51000.16, 51000.30,51000.35, 51000.40, 51000.45, 51000.50,51000.55, 51051, 51451

05/17/05 AMEND: 66250.1, 66250.205/05/05 ADOPT: 97251, 97252, 97253, 97254,

97255, 97256, 97257, 97258, 97259,97260, 97261, 97262, 97263, 97264,97265 AMEND: 97210, 97211, 97212,97213, 97215, 97216, 97218, 97219,97220, 97221, 97222, 97223, 97224,97225, 97226, 97227, 97228, 97229,97230,

Title 22, MPP08/05/05 ADOPT: 40-036 AMEND: 22-071, 22-

072, 22-305, 40-103, 40-105, 40-107,40-119, 40-125, 40-131, 40-173, 40-181,40-188, 40-190, 41-405, 42-209, 42-213,42-221, 42-302, 42-406, 42-407, 42-716,42-721, 42-751, 42-769, 44-101, 44-102,44-111, 44-113, 44-115,

06/29/05 AMEND: 63.103.2, 63-300.5, 63-402.229, 63-503.441, 63-509(b), 63-509(c), 63-801.737(QR)

06/15/05 AMEND: 80027, 80036, 87224, 87228,87834, 87836, 101178, 101187, 102384

05/09/05 AMEND: 80044, 80045, 80066, 80070,84063, 87344, 87345, 87566, 87570,87571, 87725, 87725.12, 87844, 87866,87870, 88069.7, 88070, 89119, 89182,89244, 89245, 89370, 89566, 101200,101201, 101217, 101221, 102391,102392

Title 2309/22/05 ADOPT: 18456.2.1, 18460.2.1, Forms

CIWMB 173 (4/04), 180(3/04) AMEND:18449, 18450, 18451, 18456, 18459,18459.2.1, 18459.3, 18461, 18462

09/21/05 ADOPT: 18801.1, 18808.1, 18808.2,18808.3, 18808.4, 18808.5, 18808.6,18808.7, 18808.8, 18808.9, 18808.10,18808.11, 18809.1, 18809.2, 18809.3,18809.4, 18809.5, 18809.6, 18809.7,18809.8, 18809.9, 18809.10, 18809.11,18810.1, 18810.2, 18810.3, 18810.4,

09/08/05 ADOPT: 396608/19/05 AMEND: 261108/18/05 ADOPT: 390607/25/05 ADOPT: 329807/22/05 ADOPT: 397907/13/05 ADOPT: 3420, 3421, 3422, 3423, 3424,

3425, 3426, 3427, 342806/20/05 ADOPT: 499.4.1.1, 499.4.1.2, 499.4.2,

499.6.3 AMEND: 499.1, 499.2, 499.3,499.4, 499.4.1, 499.5, 499.6, 499.6.1,499.7, 499.8 REPEAL: 499.6.2

06/13/05 ADOPT: 18459.1.2, Form CIWMB 203,Form 204 AMEND: 18449, 18450,18451, 18453.2, 18456, 18456.2.1,18457, 18459, 18459.1, 18459.2.1,18459.3, 18460.1, 18460.1.1, 18460.2,18460.2.1, 18461, 18462, 18463, 18464,18466, Penalty Table 1, Penalty Table 2

05/31/05 ADOPT: 291705/23/05 ADOPT: 3939.1405/17/05 AMEND: 645

Title 2509/27/05 ADOPT: 8430, 8431, 8432, 8433, 843408/12/05 AMEND: 8204, 8210, 8211, 8212,

8212.1, 8213, 821707/22/05 ADOPT: 1019, 1105, 1276, 2105, 227607/11/05 AMEND: 8002, 8004, 8012, 801407/07/05 ADOPT: 8439, 8439.1, 8439.2, 8439.3,

8439.4, 8440, 8440.1, 8440.2, 8440.3,8441, 8441.1, 8441.2, 8441.3, 8441.4,8441.5, 8442, 8442.1, 8442.2, 8442.3,8442.4, 8442.5, 8442.6, 8442.7, 8442.8,8442.9, 8442.10, 8442.11, 8443, 8443.1,8443.2, 8443.3, 8443.4,

Title 2709/26/05 ADOPT: 15241, 15242

Title 2808/22/05 ADOPT: 1300.67.1.308/10/05 ADOPT: 1300.75.4.2, 1300.75.4.4,

1300.75.4.7, 1300.75.4.8 AMEND:1300.75.4, 1300.75.4.5


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07/25/05 AMEND: 1300.74.3006/17/05 AMEND: 1300.70.4

Title MPP09/20/05 REPEAL: 11-405.2208/12/05 AMEND: 42-101

08/05/05 ADOPT: 63-508, 63-509 AMEND: 63-034, 63-102, 63-103, 63-300, 63-301,63-410, 63-501, 63-503, 63-504, 63-505,63-801, 63-804

08/01/05 AMEND: 11-400, 11-102, 11-403, 11-406

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